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Author : Glendon A. Schubert
Publisher : New York : Da Capo Press, 1973 [c1957]
ISBN 13 :
Total Pages : 416 pages
Book Rating : 4.50/5 ( download)
Download or read book The Presidency In The Courts written by Glendon A. Schubert and published by New York : Da Capo Press, 1973 [c1957]. This book was released on 1973-01-21 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Paul M. Collins, Jr
Publisher : Cambridge University Press
ISBN 13 : 1108498485
Total Pages : 287 pages
Book Rating : 4.87/5 ( download)
Download or read book The President and the Supreme Court written by Paul M. Collins, Jr and published by Cambridge University Press. This book was released on 2020-01-09 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the relationship between the president and the Supreme Court, including how presidents view the norm of judicial independence.
Author : Keith E. Whittington
Publisher : Princeton University Press
ISBN 13 : 1400827752
Total Pages : 320 pages
Book Rating : 4.56/5 ( download)
Download or read book Political Foundations of Judicial Supremacy written by Keith E. Whittington and published by Princeton University Press. This book was released on 2009-03-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.
Author : Glendon A. Schubert, Jr.
Publisher : Minnesota Archive Editions
ISBN 13 : 9780816660254
Total Pages : 408 pages
Book Rating : 4.55/5 ( download)
Download or read book The Presidency in the Courts written by Glendon A. Schubert, Jr. and published by Minnesota Archive Editions. This book was released on 1957-02-28 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Presidency in the Courts was first published in 1957. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions. Do the American courts restrain the President from committing illegal and unconstitutional acts? If so, how? These are the fundamental questions which are answered here through a systematic and comprehensive analysis of the opinions and decisions of the courts themselves. As Clinton Rossiter, author of "The American Presidency," points out, "Too many books on the Presidency deal with the powers of this great office, too few with the restraints that fix its place in our system of government. Students of the system will be grateful to Professor Schubert for this tough-minded, even-tempered, exhaustive study of a neglected aspect of the Presidency." Professor Schubert analyzes hundreds of judicial cases, both federal and state, involving challenges to the legality of presidential action. The period covered is the entire lifetime of the republic and the material is arranged according to the President's major institutional roles, those of chief administrator, chief of state, commander in chief, and chief magistrate. There are chapters on presidential management of public personnel and the public domain, his control of foreign relations and the tariff, his military powers, enemy aliens, the presidential seizure power and other emergency powers, legal sources of presidential power, due process in presidential lawmaking, and the scope of judicial review of presidential action. Both the theory and practice of presidential rule making and adjudication are examined in detail. The book, the first of its kind, reveals how far from actuality are the generally held beliefs regarding the power of the courts versus the power of the Presidency. The significance of such a study is readily apparent in view of the fact that the fate not only of the United States but of Western civilization will hang in the balance of the President's exercise of his official powers during the next decade.
Author : Robert Scigliano
Publisher :
ISBN 13 :
Total Pages : 252 pages
Book Rating : 4.69/5 ( download)
Download or read book The Supreme Court and the Presidency written by Robert Scigliano and published by . This book was released on 1971 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : M. Genovese
Publisher : Springer
ISBN 13 : 1403979391
Total Pages : 244 pages
Book Rating : 4.91/5 ( download)
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.
Author : David M. Driesen
Publisher : Stanford University Press
ISBN 13 : 1503628620
Total Pages : 323 pages
Book Rating : 4.25/5 ( download)
Download or read book The Specter of Dictatorship written by David M. Driesen and published by Stanford University Press. This book was released on 2021-07-20 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.
Author : Guy C. Fraker
Publisher : Southern Illinois University Press
ISBN 13 : 9780809339211
Total Pages : 0 pages
Book Rating : 4.18/5 ( download)
Download or read book Lincoln's Ladder to the Presidency written by Guy C. Fraker and published by Southern Illinois University Press. This book was released on 2023-11-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Univeristy Press Books for Public and Secondary Schools 2013 edition Superior Achievement by the Illinois State Historical Society, 2013 Throughout his twenty-three-year legal career, Abraham Lincoln spent nearly as much time on the road as an attorney for the Eighth Judicial Circuit as he did in his hometown of Springfield, Illinois. Yet most historians gloss over the time and instead have Lincoln emerge fully formed as a skillful politician in 1858. In this innovative volume, Guy C. Fraker provides the first-ever study of Lincoln’s professional and personal home away from home and demonstrates how the Eighth Judicial Circuit and its people propelled Lincoln to the presidency. Each spring and fall, Lincoln traveled to as many as fourteen county seats in the Eighth Judicial Circuit to appear in consecutive court sessions over a ten- to twelve-week period. Fraker describes the people and counties that Lincoln encountered, discusses key cases Lincoln handled, and introduces the important friends he made, friends who eventually formed the team that executed Lincoln’s nomination strategy at the Chicago Republican Convention in 1860 and won him the presidential nomination. As Fraker shows, the Eighth Judicial Circuit provided the perfect setting for the growth and ascension of Lincoln. A complete portrait of the sixteenth president depends on a full understanding of his experience on the circuit, and Lincoln’s Ladder to the Presidency provides that understanding as well as a fresh perspective on the much-studied figure, thus deepening our understanding of the roots of his political influence and acumen.
Author : Richard J. Ellis
Publisher : Rowman & Littlefield
ISBN 13 : 0742565149
Total Pages : 245 pages
Book Rating : 4.42/5 ( download)
Download or read book Judging Executive Power written by Richard J. Ellis and published by Rowman & Littlefield. This book was released on 2009-03-16 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: George W. Bush's presidency has helped accelerate a renewed interest in the legal or formal bases of presidential power. It is now abundantly clear that presidential power is more than the sum of bargaining, character, and rhetoric. Presidential power also inheres in the Constitution or at least assertions of constitutional powers. Judging Executive Power helps to bring the Constitution and the courts back into the study of the American presidency by introducing students to sixteen important Supreme Court cases that have shaped the power of the American presidency. The cases selected include the removal power, executive privilege, executive immunity, and the line-item veto, with particularly emphasis on a president's wartime powers from the Civil War to the War on Terror. Through introductions and postscripts that accompany each case, landmark judicial opinions are placed in their political and historical contexts, enabling students to understand the political forces that frame and the political consequences that follow from legal arguments and judgments.
Author : Robert G. Scigliano
Publisher :
ISBN 13 :
Total Pages : 233 pages
Book Rating : 4.75/5 ( download)
Download or read book The Supreme Court and the Presidency written by Robert G. Scigliano and published by . This book was released on 1971 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:
