The Presidency and the Law

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Publisher :
ISBN 13 :
Total Pages : 272 pages
Book Rating : 4.36/5 ( download)

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Book Synopsis The Presidency and the Law by : David Gray Adler

Download or read book The Presidency and the Law written by David Gray Adler and published by . This book was released on 2002 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political scandals have always demonstrated the capacity of our executive officials for self-inflicted injuries, and the Clinton administration was no exception. Unilateral warmaking, claims of executive privilege and immunity, and last-minute pardons all tested the limits of presidential power, while the excesses of the Special Prosecutor cast doubts on available remedies. For eight years, Republicans and Democrats engaged in guerrilla warfare aimed at destroying the careers and lives of their adversaries while tests of presidential power were resolved by the courts, resulting in a reshaping of the scope and power of the presidency itself. This book examines the many controversial and important battles that led to the shrinking of the presidency under the law during the Clinton administration. Located at the intersection of law and politics, it helps readers understand the dramatic changes that took place in the relationship of presidential power to the law during the Clinton years and shows how one president's actions—and congressional and legal reactions to them—have altered presidential prerogatives in ways that his successors cannot ignore. The Presidency and the Law offers an assessment of changes in constitutional and legal understanding of the American presidency, exploring such topics as war power, executive privilege, pardon power, impeachment, executive immunity, independent counsel, and campaign finance. In examining these collisions between president and the law, its distinguished contributors bring the lessons of Watergate and Iran-Contra into the Clinton era and contribute to a Madisonian view that presidents should not operate outside statutory and constitutional constraints. While the essays offer several criticisms of that administration's exercise of power and its interpretation of constitutional provisions and law, many of the authors have been supportive of Clinton and his policy pursuits, and all seek to examine the potential impact of the Clinton administration without being predictive or legalistic. They offer instead commentary, analysis, and criticism that examine the legality and constitutionality of President Clinton's actions within a broader political and historical context. The presidency is constitutionally weaker and politically more vulnerable than the office Bill Clinton assumed in 1993, and it remains to be seen what impact these changes will have on the presidency in the 21st century. This book points the way to assessing that impact, and is essential reading for anyone concerned with the future of our democracy.

The President and Immigration Law

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Publisher : Oxford University Press
ISBN 13 : 0190694386
Total Pages : 361 pages
Book Rating : 4.88/5 ( download)

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Book Synopsis The President and Immigration Law by : Adam B. Cox

Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

Presidential Legislation in India

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Publisher : Cambridge University Press
ISBN 13 : 1107039711
Total Pages : 279 pages
Book Rating : 4.11/5 ( download)

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Book Synopsis Presidential Legislation in India by : Shubhankar Dam

Download or read book Presidential Legislation in India written by Shubhankar Dam and published by Cambridge University Press. This book was released on 2014 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a study of the president of India's authority to enact legislation (or ordinances) at the national level without involving parliament.

The Presidency and the Constitution

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Publisher : Springer
ISBN 13 : 1403979391
Total Pages : 244 pages
Book Rating : 4.91/5 ( download)

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Book Synopsis The Presidency and the Constitution by : M. Genovese

Download or read book The Presidency and the Constitution written by M. Genovese and published by Springer. This book was released on 2005-08-19 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive case law book examines the evolution of judicial interpretation of the scope and limitations of presidential power. From interbranch struggles for power, to presidential selection, to campaign financing, to war powers, hardly an issue arises for the modern presidency that does not eventually find itself framed as a legal problem to be addressed by the courts. Each section provides an introduction providing background and framework for students. Throughout, the analysis is informed by the view that court decisions are framed by legal arguments and constitute legal issuances and are also framed by politics, and have profound political consequences. Coinciding with a broader intellectual and disciplinary return to institutions and law as key to understanding the presidency and modern politics, this book will find special favour among scholars who teach courses on the presidency and related areas.

The Law of Presidential Power

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Publisher :
ISBN 13 :
Total Pages : 970 pages
Book Rating : 4.69/5 ( download)

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Book Synopsis The Law of Presidential Power by : Peter M. Shane

Download or read book The Law of Presidential Power written by Peter M. Shane and published by . This book was released on 1988 with total page 970 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the authors offer a systematic overview of such topics as separation of powers, protecting the exercise of presidential functions, and executive privilege, including relevant cases and materials.

The Law of the Executive Branch

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Publisher : Oxford University Press
ISBN 13 : 0199856214
Total Pages : 482 pages
Book Rating : 4.13/5 ( download)

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Book Synopsis The Law of the Executive Branch by : Louis Fisher

Download or read book The Law of the Executive Branch written by Louis Fisher and published by Oxford University Press. This book was released on 2014 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the Executive Branch: Presidential Power places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. Each provision of the US Constitution is analyzed to reveal its contemporary meaning and in concert with the application of presidential power.

The Living Presidency

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Publisher : Harvard University Press
ISBN 13 : 0674245210
Total Pages : 353 pages
Book Rating : 4.11/5 ( download)

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Book Synopsis The Living Presidency by : Saikrishna Bangalore Prakash

Download or read book The Living Presidency written by Saikrishna Bangalore Prakash and published by Harvard University Press. This book was released on 2020-04-21 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: A constitutional originalist sounds the alarm over the presidency’s ever-expanding powers, ascribing them unexpectedly to the liberal embrace of a living Constitution. Liberal scholars and politicians routinely denounce the imperial presidency—a self-aggrandizing executive that has progressively sidelined Congress. Yet the same people invariably extol the virtues of a living Constitution, whose meaning adapts with the times. Saikrishna Bangalore Prakash argues that these stances are fundamentally incompatible. A constitution prone to informal amendment systematically favors the executive and ensures that there are no enduring constraints on executive power. In this careful study, Prakash contends that an originalist interpretation of the Constitution can rein in the “living presidency” legitimated by the living Constitution. No one who reads the Constitution would conclude that presidents may declare war, legislate by fiat, and make treaties without the Senate. Yet presidents do all these things. They get away with it, Prakash argues, because Congress, the courts, and the public routinely excuse these violations. With the passage of time, these transgressions are treated as informal constitutional amendments. The result is an executive increasingly liberated from the Constitution. The solution is originalism. Though often associated with conservative goals, originalism in Prakash’s argument should appeal to Republicans and Democrats alike, as almost all Americans decry the presidency’s stunning expansion. The Living Presidency proposes a baker’s dozen of reforms, all of which could be enacted if only Congress asserted its lawful authority.

The Law & Order Presidency

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Publisher : Pearson
ISBN 13 :
Total Pages : 366 pages
Book Rating : 4.88/5 ( download)

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Book Synopsis The Law & Order Presidency by : Willard M. Oliver

Download or read book The Law & Order Presidency written by Willard M. Oliver and published by Pearson. This book was released on 2003 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Documenting the nationalization and federalization of crime over the last half of the twentieth century, this book demonstrates the role the American President has played in shaping public opinion and policy of crime at the federal level. The author uses case studies to test hypotheses and illustrate assumptions, discusses the implications and demonstrates the new law and order role for the President of the United States. The volume addresses the history of Presidents and crime policy, how Presidents promote crime policy and the President's influence on public opinion regarding crime. For those interested in Presidential influence over public opinion and policy.

How Our Laws are Made

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Publisher :
ISBN 13 :
Total Pages : 72 pages
Book Rating : 4.69/5 ( download)

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Book Synopsis How Our Laws are Made by : John V. Sullivan

Download or read book How Our Laws are Made written by John V. Sullivan and published by . This book was released on 2007 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Power and Constraint: The Accountable Presidency After 9/11

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Publisher : W. W. Norton & Company
ISBN 13 : 0393083519
Total Pages : 337 pages
Book Rating : 4.14/5 ( download)

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Book Synopsis Power and Constraint: The Accountable Presidency After 9/11 by : Jack Goldsmith

Download or read book Power and Constraint: The Accountable Presidency After 9/11 written by Jack Goldsmith and published by W. W. Norton & Company. This book was released on 2012-03-12 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: The surprising truth behind Barack Obama's decision to continue many of his predecessor's counterterrorism policies. Conventional wisdom holds that 9/11 sounded the death knell for presidential accountability. In fact, the opposite is true. The novel powers that our post-9/11 commanders in chief assumed—endless detentions, military commissions, state secrets, broad surveillance, and more—are the culmination of a two-century expansion of presidential authority. But these new powers have been met with thousands of barely visible legal and political constraints—enforced by congressional committees, government lawyers, courts, and the media—that have transformed our unprecedentedly powerful presidency into one that is also unprecedentedly accountable. These constraints are the key to understanding why Obama continued the Bush counterterrorism program, and in this light, the events of the last decade should be seen as a victory, not a failure, of American constitutional government. We have actually preserved the framers’ original idea of a balanced constitution, despite the vast increase in presidential power made necessary by this age of permanent emergency.