Constitutionalism Executive Power And The Spirit Of Moderation

Author : Giorgi Areshidze
Publisher : State University of New York Press
ISBN 13 : 1438460430
Total Pages : 418 pages
Book Rating : 4.37/5 ( download)

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Download or read book Constitutionalism, Executive Power, and the Spirit of Moderation written by Giorgi Areshidze and published by State University of New York Press. This book was released on 2016-05-19 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Constitutionalism, Executive Power, and the Spirit of Moderation, contributors ranging from scholars to practitioners in the federal executive and judicial branches blend philosophical and political modes of analysis to examine a variety of constitutional, legal, and philosophical topics. Part 1, "The Role of Courts in Constitutional Democracy," analyzes the proper functions and limits of the judiciary and judicial decision making in constitutional government. Part 2, "Law and Executive Authority," reflects on the tensions between constitutionalism and presidential leadership in both domestic and international arenas. Part 3, "Liberal Education, Constitutionalism, and Philosophic Moderation," shifts the focus to the relationship between constitutionalism and political philosophy, and especially to the modern modes of philosophy that most directly influenced the American Founders. A valuable resource for specialists, the book also will be of use in political science and law school classes.

Author : Anne M. Cohler
Publisher : University Press of Kansas
ISBN 13 : 0700631445
Total Pages : 227 pages
Book Rating : 4.45/5 ( download)

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Download or read book Montesquieu's Comparative Politics and the Spirit of American Constitutionalism written by Anne M. Cohler and published by University Press of Kansas. This book was released on 2021-10-08 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: “American republicans,” notes Forrest McDonald, “regarded selected doctrines of Montesquieu’s as being virtually on par with Holy Writ.” But exactly how the French jurist’s labyrinthian work, The Spirit of the Laws, with was published in 1748, influenced the eighteenth-century conception of the republic is not well understood by historians or theorists. Anne M. Cohler undertakes to show the importance of Montequieu’s teaching for modern legislation and for modern political prudence generally, with specific reference to his impact on the Federalist and Tocqueville. In so doing, she delineates Montequieu’s contribution to political philosophy and suggests new ways to think about the formation of the American Constitution. To analyze the comparative politics found in the Spirit of the Laws, Cohler focuses on four fundamental principles underlying Montesquieu’s view of government: spirit, moderation, liberty, and legislation. In this endeavor she is guided by the conviction that the philosopher hews to the spirit of the laws rather than to the laws themselves—that is, to internal rather than external principles. Montesquieu, in Cohler’s argument, addresses the problem posed by the tendency to see human beings in light o universal abstractions at the expense of particular relationships, distinctions, and forms. To counter this tendency, which can be fostered by religion, Montesquieu develops a theory of prudence designed to support the world of politics an dpolitical life, necessarily an intermediate world occupying a space between universal abstractions and individual particularities. Cohler suggest that the Federalists and Tocqueville were most influenced by this preoccupation with spirit and moderation. James Madison and other Federalists, for example, were not drawn to limited government as a principled notion but rather as a consequence of understanding the context within which a moderate government must act not to become despotic. Similarly, Tocqueville extols democracy as self-government as an antidote to the dangers of democracy as a rule; the character of the governed shapes the nature of the governors. These and other conclusions will prove valuable to intellectual historians, political theorists, and students of religion.

Author : M. J. C. Vile
Publisher :
ISBN 13 :
Total Pages : 480 pages
Book Rating : 4.81/5 ( download)

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Download or read book Constitutionalism and the Separation of Powers written by M. J. C. Vile and published by . This book was released on 1998 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, M. J. C. Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century - when it was indispensable to the founders of the American republic - through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers - and with "A Model of a Theory of Constitutionalism."

Author : Theresa Man Ling Lee
Publisher : SUNY Press
ISBN 13 : 9780791435045
Total Pages : 260 pages
Book Rating : 4.40/5 ( download)

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Download or read book Politics and Truth written by Theresa Man Ling Lee and published by SUNY Press. This book was released on 1997-08-28 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers the contested concept of truth in contemporary politics in light of the postmodernist challenge to Enlightenment ideals and examines the treatment of truth in an unusual lineup of thinkers ranging from Plato and Hobbes to Weber, Foucault, and Arendt.

Author : Peter M Shane
Publisher : Univ of California Press
ISBN 13 : 0520380908
Total Pages : 319 pages
Book Rating : 4.05/5 ( download)

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Download or read book Democracy’s Chief Executive written by Peter M Shane and published by Univ of California Press. This book was released on 2022-05-10 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal scholar Peter M. Shane confronts U.S. presidential entitlement and offers a more reasonable way of conceptualizing our constitutional presidency in the twenty-first century. In the eyes of modern-day presidentialists, the United States Constitution’s vesting of “executive power” means today what it meant in 1787. For them, what it meant in 1787 was the creation of a largely unilateral presidency, and in their view, a unilateral presidency still best serves our national interest. Democracy’s Chief Executive challenges each of these premises, while showing how their influence on constitutional interpretation for more than forty years has set the stage for a presidency ripe for authoritarianism. Democracy’s Chief Executive explains how dogmatic ideas about expansive executive authority can create within the government a psychology of presidential entitlement that threatens American democracy and the rule of law. Tracing today’s aggressive presidentialism to a steady consolidation of White House power aided primarily by right-wing lawyers and judges since 1981, Peter M. Shane argues that this is a dangerously authoritarian form of constitutional interpretation that is not even well supported by an originalist perspective. Offering instead a fresh approach to balancing presidential powers, Shane develops an interpretative model of adaptive constitutionalism, rooted in the values of deliberative democracy. Democracy’s Chief Executive demonstrates that justifying outcomes explicitly based on core democratic values is more, not less, constraining for judicial decision making—and presents a model that Americans across the political spectrum should embrace.

Author : Clement Fatovic
Publisher : JHU Press
ISBN 13 : 0801893623
Total Pages : 363 pages
Book Rating : 4.29/5 ( download)

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Download or read book Outside the Law written by Clement Fatovic and published by JHU Press. This book was released on 2009-09-30 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: The origins of presidential claims to extraconstitutional powers during national crises are contentious points of debate among constitutional and legal scholars. The Constitution is silent on the matter, yet from Abraham Lincoln's suspension of habeas corpus during the Civil War to George W. Bush's creation of the "enemy combatants" label, a number of presidents have invoked emergency executive power in defense of actions not specifically endorsed in the Constitution or granted by Congress. Taking up the debate, Clement Fatovic digs into the intellectual history of the nation's founding to argue that the originators of liberal constitutional theory explicitly endorsed the use of extraordinary, extralegal measures to deal with genuine national emergencies. He traces the evolution of thought on the matter through the writings of John Locke, David Hume, William Blackstone, and the founding fathers, finding in them stated support for what Locke termed "prerogative," tempered by a carefully construed concept of public-oriented virtues. Fatovic maintains that the founders believed that moral character and republican decency would restrain the president from abusing this grant of enhanced authority and ensure that it remained temporary. This engaging, carefully considered survey of the conceptions of executive power in constitutional thought explains how liberalism's founders attempted to reconcile the principles of constitutional government with the fact that some circumstances would demand that an executive take normally proscribed actions. Scholars of liberalism, the American founding, and the American presidency will find Fatovic's reasoned arguments against the conventional wisdom enlightening. -- Ernest B. Abbott

Author : James W. Vice
Publisher : Rodopi
ISBN 13 : 9789042005112
Total Pages : 300 pages
Book Rating : 4.14/5 ( download)

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Download or read book The Reopening of the American Mind written by James W. Vice and published by Rodopi. This book was released on 1998 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Reopening of the American Mind: On Skepticism and Constitutionalism explores the connection of moderate skepticism with attachment to constitutionalism through the thought of five writers. The features of this skepticism were concisely delineated by James Madison in the 37th Federalist as a recognition of the complexity of political matters, the limitations of human reason, and the shortcomings of language. The position was first articulated by Cicero who connected it with the idea of a mixed or republican constitution developed by trial and error over generations. Cicero was influential in the world of David Hume, Edmund Burke, and Madison. The skeptical/constitutional connection found its most articulate recent advocate in Supreme Court Justice Felix Frankfurter and underlay his advocacy of judicial restraint. Current events have revived interest in the primacy of the legislative branch in balancing interests and rights, in the States as laboratories for democracy, and in an experimental approach to the solution of social problems in what might be called a reopening of the American mind. The five central chapters explore the skeptical/constitutional connection and the spirit of moderation in these political thinkers. Without an appreciation of this tradition of avoiding dogmatism, people will continue to demand simple answers to complex problems. The book is not, however, primarily a tract for the times but a reflection on the on-going search for a more civil world.

Author : Adolphe de Pineton marquis de Chambrun
Publisher :
ISBN 13 :
Total Pages : 318 pages
Book Rating : 4.47/5 ( download)

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Download or read book The Executive Power in the United States written by Adolphe de Pineton marquis de Chambrun and published by . This book was released on 1874 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Thomas P. Crocker
Publisher : Yale University Press
ISBN 13 : 0300181612
Total Pages : 345 pages
Book Rating : 4.16/5 ( download)

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Download or read book Overcoming Necessity written by Thomas P. Crocker and published by Yale University Press. This book was released on 2020-07-14 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: An argument for why emergencies are no excuse for extralegal action by presidents Using emergency as a cause for action ultimately leads to an almost unnoticed evolution in the political understanding of presidential powers. The Constitution, however, was designed to function under "states of exception," most notably through the separation of powers, and provides ample internal checks on emergency actions taken under claims of necessity. Thomas Crocker urges Congress, the courts, and other bodies to put those checks into practice.

Author : Scott M. Matheson
Publisher : Harvard University Press
ISBN 13 : 067403161X
Total Pages : 249 pages
Book Rating : 4.16/5 ( download)

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Download or read book Presidential Constitutionalism in Perilous Times written by Scott M. Matheson and published by Harvard University Press. This book was released on 2009-02-16 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presidents have exercised extraordinary power to protect the nation in ways that raised serious constitutional concerns about individual liberties and separation of powers. Evaluating a variety of constitutional perspectives, Matheson achieves a deeper understanding of wartime presidential power.