The President, Congress, and the Constitution

Power and Legitimacy in American Politics
Author: Christopher H. Pyle,Richard M. Pious
Publisher: Simon and Schuster
ISBN: 0029253802
Category: Political Science
Page: 433
View: 9010

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Examines constitutional principles and their effects.

The Executive Branch

Author: Joel D. Aberbach,Mark A. Peterson
Publisher: Oxford University Press on Demand
ISBN: 9780195309157
Category: Political Science
Page: 590
View: 1026

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Presents a collection of essay that provide an examination of the Executive branch in American government, explaining how the Constitution created the executive branch and discusses how the executive interacts with the other two branches of government at the federal and state level.

The Law of the Executive Branch

Presidential Power
Author: Louis Fisher
Publisher: Oxford University Press
ISBN: 0199856214
Category: Law
Page: 458
View: 8128

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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 Constitution in Congress

The Federalist Period, 1789-1801
Author: David P. Currie
Publisher: University of Chicago Press
ISBN: 9780226131146
Category: Law
Page: 327
View: 3184

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In the most thorough examination to date, David P. Currie analyzes from a legal perspective the work of the first six congresses and of the executive branch during the Federalist era, with a view to its significance for constitutional interpretation. He concludes that the original understanding of the Constitution was forged not so much in the courts as in the legislative and executive branches, an argument of crucial importance for scholars in constitutional law, history, and government. "A joy to read."—Appellate Practive Journal and Update "[A] patient and exemplary analysis of the work of the first six Congresses."—Geoffrey Marshall, Times Literary Supplement

The Constitution and National Security

Author: Howard E. Shuman,Walter R. Thomas
Publisher: The Minerva Group, Inc.
ISBN: 9780898759204
Category: Law
Page: 392
View: 495

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The founders of our republic were determined to establish a government that protected the rights of the individual within a free society, a system that improved upon European designs. Newly independent, the Americans formed a government under the Articles of Confederation. As a loose confederation of states, however, the growing nation had a weak national voice and little international status. After only ten years under this system, the states recognized the need for more national power and drafted the U. S. Constitution.The goal, again, was to protect the individual's natural rights through the creation of an energetic national government. Thus the U. S. Constitution was written, with compromises, and submitted to the people for their ratification. After vigorous public debate, this document became the fundamental law of the land.The Constitution has endured with few additional amendments for more than two centuries - but not without continuing debate. In this newest contribution to the writings of constitutional scholars, papers address the President's war powers, the role of Congress in foreign policy, and other questions of interpreting the Constitution in the modern era. These current issues have at their core the same fundamental questions that animated debate during the Constitutional Convention in 1787: how best to protect society while guarding the rights of the individual, how best to give sufficient power to the executive while guarding against abuse of power. But even as we debate, we celebrate our Constitution, a document forged of ingrained American beliefs that our republic can be secured and the rights of the individual safeguarded. Vice Admiral J. A. Baldwin, United States Navy President, National Defense University

Die Federalist papers

Author: Alexander Hamilton,James Madison,John Jay
Publisher: C.H.Beck
ISBN: 9783406547546
Category: Constitutional history
Page: 583
View: 5954

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The War Powers of the President

And the Legislative Powers of Congress in Relation to Rebellion, Treason and Slavery
Author: William Whiting
Publisher: N.A
Category: Executive power
Page: 143
View: 3760

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The Powers of War and Peace

The Constitution and Foreign Affairs after 9/11
Author: John Yoo
Publisher: University of Chicago Press
ISBN: 0226960331
Category: Political Science
Page: 378
View: 1877

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Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history. Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency. “Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration’s claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New York Times “Yoo’s theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review

On Appreciating Congress

The People's Branch (On Politics)
Author: Louis Fisher
Publisher: Oxford University Press
ISBN: 0199945934
Category: Political Science
Page: 192
View: 5117

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This book explains why Congress is the indispensable institution for safeguarding popular, democratic, and constitutional government. Even though its record over the past two centuries presents a mixed picture, the record of the other two branches is also decidedly mixed. The author has worked for Congress for the past four decades and writes from a perspective that intimately understands its shortcomings while appreciating its strengths. He contends that portraying Congress as so inherently inept that it must be kept subordinate to presidential or judicial power is misguided and uninformed. The Constitution looks to Congress as the first branch because it is the institution through which citizens at the local and state level engage in self-government. Although Presidents claim to be the national representative, they cannot substitute for the knowledge and legitimacy brought by members of Congress. Congress, after all, is the people's branch and this book restores it to its rightful claim.

Declaring War

Congress, the President, and What the Constitution Does Not Say
Author: Brien Hallett
Publisher: Cambridge University Press
ISBN: 110702692X
Category: Law
Page: 273
View: 6863

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Offers an historical, legal, constitutional, moral and philosophical analysis of the declarations of 1812, 1898 and the War Powers Resolution of 1973.

U.S. Constitution For Dummies

Author: Michael Arnheim
Publisher: John Wiley & Sons
ISBN: 1119387485
Category: History
Page: 448
View: 5977

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Your complete guide to understanding the U.S. Constitution. Want to make sense of the U.S. Constitution? This new edition walks you through this revered document, explaining how the articles and amendments came to be and how they have guided legislators, judges, and presidents—and sparked ongoing debates along the way. You’ll get the lowdown on all the big issues—from separation of church and state to impeachment to civil rights—that continue to affect Americans' daily lives. Plus, you’ll find out about U.S. Constitution concepts and their origins, the different approaches to interpretation, and how the document has changed over the past 200+ years. Inside, you’ll find fresh examples of Supreme Court Rulings such as same sex marriage and Healthcare Acts such as Obamacare. Explore hot topics like what it takes to be elected Commander in Chief, the functions of the House and Senate, how Supreme Court justices are appointed, and so much more. Trace the evolution of the Constitution Recognize the power of the U.S. Supreme Court Get details on recent Supreme Court decisions Find new examples of the Bill of Rights Constitutional issues are dominating the news—and now you can join the discussion with the help of U.S. Constitution For Dummies.

The Constitution Under Siege

Presidential Power Versus the Rule of Law
Author: Christopher H. Pyle,Richard M. Pious
Publisher: N.A
ISBN: 9781594608773
Category: Law
Page: 374
View: 2019

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Presidential Power in an Age of Terrorism is a provocative teaching instrument that uses law, history, and politics to test what the law arguably “is” against assertions of what it “ought” to be. It examines the questionable impulses of presidents, members of Congress, the military, and intelligence agencies to bend or break the Constitution and the laws. In questioning the legitimacy of raw assertions of unaccountable power, the editors reject both the illustrative case approach of political scientists and precedent-driven approach of lawyers, supplementing key court cases with historically-rich essays, notes, and questions. These essays explain where our nation's “first principles” came from, and why they became imbedded, at least until recently, in our laws and institutions. Above all, these materials will prompt the reader to ask how, and by what authority, presidents, Congress, and even courts have come to allow the military and secret agencies to kidnap, torture, assassinate, or secretly detain citizens or aliens, and to use military and para-military force without running afoul of the Constitution and its Bill of Rights.

A Culture of Deference

Congress, the President, and the Course of the U.S.-led Invasion and Occupation of Iraq
Author: Festus Ugboaja Ohaegbulam
Publisher: Peter Lang
ISBN: 9780820495385
Category: Political Science
Page: 309
View: 2792

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This book explores the culture of deference by the legislative branch to the executive branch on foreign policy issues, particularly regarding the George W. Bush administration's rush to war in Iraq in 2003. By authorizing President Bush to go to war in Iraq at his own discretion in its October 2002 resolution, the 107th Congress abdicated its constitutional responsibility and its members failed to honor their oath to uphold the Constitution of the United States. Although the -war powers- are constitutionally those of Congress, historically presidents have engaged in war making and Congress has with limited success attempted to curb such war making. This book traces how this culture of deference to the chief executive on war making evolved and how, especially in the case of Iraq, it has adversely affected the interests of the nation, its constitutional framework, and its position in the world. This book will serve as an excellent text for courses on U.S. foreign policy, U.S. diplomatic history, and the role of Congress."

Der Kalte Krieg

eine neue Geschichte
Author: John Lewis Gaddis
Publisher: N.A
ISBN: 9783570550571
Page: 384
View: 8797

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Congress and the Presidency

Institutional Politics in a Separated System
Author: Michael Foley,John E. Owens
Publisher: Manchester University Press
ISBN: 9780719038846
Category: Presidents
Page: 432
View: 5715

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Adopting a distinctly institutional focus, Congress and the Presidency explains the nature of these changes and examines their consequences for the contemporary American political system. Foley and Owens direct attention to both bodies as co-equal institutions in a separated system. They examine both the historical development of the Congress and the presidency as separate institutions of American national government, as well as the changing relations between them. Taking into account important developments since the Republicans won control of Congress in 1994 and the advent of Newt Gingrich's 'Contract with America', the authors consider how the organisational designs of these representative and governing institutions have changed over time in response to internal pressures and external factors. The book locates the two institutions within the policymaking process and studies the varied and complex implications of 'the politics of separated powers'

Courts and Congress

America's Unwritten Constitution
Author: William J. Quirk
Publisher: Transaction Publishers
ISBN: 1412813573
Category: Political Science
Page: 330
View: 9504

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It's often said, confirmed by survey data, that the American people are losing confidence in their government. But the problem may be the reverse--the government has lost confidence in the people. Increasingly the power to make decisions in our democracy has been shifted from Congress to the court system, forcing non-elected officials to make decisions which affect the lives of Americans. In a society which is based on the democratic elections of its officials, this is clearly backwards. Quirk maintains that what he calls "The Happy Convention," an informal and unwritten rearrangement of "passing the buck" of government powers, is done to avoid blame and approval ratings becoming lower for a particular person or party. For example, The Happy Convention assigns the power to declare and make war to the President. Congress and the Court play a supporting role--Congress, when requested, gives the President a blank check to use force--the Court throws out any challenges to the legality of the war. Everyone wins if the war avoids disaster. If it turns out badly, the President is held accountable. His ratings fall, reelection is out of the question, congressmen say he lied to them; his Party is likely to lose the next election. In this way, Quirk reminds us that The Happy Convention is not what the Founders intended for us. For democracy to work properly, the American people have to know what options they have. Courts and Congress argues the case for reestablishing the balance of powers between the courts, the Congress, and the Presidency.