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The Presidents and the Constitution

The Presidents and the Constitution
Author: Ken Gormley
Publisher: NYU Press
Total Pages: 711
Release: 2016-05-10
Genre: History
ISBN: 1479839906

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Shines new light on America's brilliant constitutional and presidential history, from George Washington to Barack Obama. In this sweepingly ambitious volume, the nation’s foremost experts on the American presidency and the U.S. Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the office—the first president to the forty-fourth—has contributed to the story of the Constitution through the decisions he made and the actions he took as the nation’s chief executive. By examining presidential history through the lens of constitutional conflicts and challenges, The Presidents and the Constitution offers a fresh perspective on how the Constitution has evolved in the hands of individual presidents. It delves into key moments in American history, from Washington’s early battles with Congress to the advent of the national security presidency under George W. Bush and Barack Obama, to reveal the dramatic historical forces that drove these presidents to action. Historians and legal experts, including Richard Ellis, Gary Hart, Stanley Kutler and Kenneth Starr, bring the Constitution to life, and show how the awesome powers of the American presidency have been shapes by the men who were granted them. The book brings to the fore the overarching constitutional themes that span this country’s history and ties together presidencies in a way never before accomplished.


The Presidents and the Constitution, Volume One

The Presidents and the Constitution, Volume One
Author: Ken Gormley
Publisher: NYU Press
Total Pages: 411
Release: 2020-03-24
Genre: History
ISBN: 1479802123

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Shines a light on the constitutional issues that confronted and shaped each presidency from George Washington to the Progressive Era Drawing from the monumental The Presidents and the Constitution: A Living History, published in 2016, the nation’s foremost experts in the American presidency and the US Constitution join together to tell the intertwined stories of how the first twenty-seven distinctive American presidents have confronted and shaped the Constitution and thus defined the most powerful office in human history. From George Washington to William Howard Taft, The Presidents and the Constitution, Volume 1 illuminates the evolving American presidency in a unique way—through the lens of the Constitution itself. Arranged chronologically by president, the book examines the constitutional issues confronting each president in the context of the personalities driving historical events.The contributors illustrate the extensive powers of the American presidency in domestic and foreign affairs, showing how they have been used by the men who were granted them, and brings to light the overarching constitutional themes that span this country’s history and tie each presidency to the other branches of government.


Constitutional Cliffhangers

Constitutional Cliffhangers
Author: Brian C. Kalt
Publisher: Yale University Press
Total Pages: 321
Release: 2012-01-24
Genre: Law
ISBN: 0300178018

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The United States Constitution's provisions for selecting, replacing, and punishing presidents contain serious weaknesses that could lead to constitutional controversies. In this compelling and fascinating book, Brian Kalt envisions six such controversies, such as the criminal prosecution of a sitting president, a two-term president's attempt to stay in power, the ousting of an allegedly disabled president, and more. None of these things has ever occurred, but in recent years many of them almost have. Besides being individually dramatic, these controversies provide an opportunity to think about how constitutional procedures can best be designed, interpreted, and repaired. Also, because the events Kalt describes would all carry enormous political consequences, they shed light on the delicate and complicated balance between law and politics in American government.


Untrodden Ground

Untrodden Ground
Author: Harold H. Bruff
Publisher: University of Chicago Press
Total Pages: 566
Release: 2016-11-23
Genre: History
ISBN: 022641826X

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Examines constitutional innovations related to executive power made by each of the nation's forty-four presidents.


The Forgotten Presidents

The Forgotten Presidents
Author: Michael J. Gerhardt
Publisher: Oxford University Press
Total Pages: 336
Release: 2013-04-11
Genre: History
ISBN: 0199967792

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In The Constitutional Legacy of Forgotten Presidents, eminent constitutional scholar Michael Gerhardt tells the stories of thirteen presidents whom most Americans do not remember and scholars think had no constitutional impact, among them Chester Arthur, Martin Van Buren, and William Howard Taft. As Gerhardt shows, our forgotten presidents played crucial roles in laying some of the groundwork followed by Lincoln and other modern presidents, as well as providing examples for future lawmakers of constitutional choices to avoid.


Theodore and Woodrow

Theodore and Woodrow
Author: Andrew P. Napolitano
Publisher: HarperChristian + ORM
Total Pages: 319
Release: 2012-11-12
Genre: Self-Help
ISBN: 1595554211

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“Either the Constitution means what it says, or it doesn’t.” America’s founding fathers saw freedom as a part of our nature to be protected—not to be usurped by the federal government—and so enshrined separation of powers and guarantees of freedom in the Constitution and the Bill of Rights. But a little over a hundred years after America’s founding, those God-given rights were laid siege by two presidents caring more about the advancement of progressive, redistributionist ideology than the principles on which America was founded. Theodore and Woodrow is Judge Andrew P. Napolitano’s shocking historical account of how a Republican and a Democratic president oversaw the greatest shift in power in American history, from a land built on the belief that authority should be left to the individuals and the states to a bloated, far-reaching federal bureaucracy, continuing to grow and consume power each day. With lessons rooted in history, Judge Napolitano shows the intellectually arrogant, anti-personal freedom, even racist progressive philosophy driving these men to poison the American system of government. And Americans still pay for their legacy—in the federal income, in state-prescribed compulsory education, in the Federal Reserve, in perpetual wars, and in the constant encroachment of a government that coddles special interests and discourages true competition in the marketplace. With his attention to detail, deep constitutional knowledge, and unwavering adherence to truth telling, Judge Napolitano moves through the history of these men and their times in office to show how American values and the Constitution were sadly set aside, leaving personal freedom as a shadow of its former self, in the grip of an insidious, Nanny state, progressive ideology.


The Presidency in the Constitutional Order

The Presidency in the Constitutional Order
Author: Joseph M. Bessette
Publisher: Routledge
Total Pages: 383
Release: 2017-07-12
Genre: Political Science
ISBN: 1351476521

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This classic collection of studies, first published in 1980, contributes to the revival of interest in the powers and duties of the American presidency. Unlike many previous books on the constitution and the president, the contributors to this volume are political scientists, not law professors. Accordingly, they display political scientists' concern with structures as well as power, with conflict between the branches of government as well as their functional separation, and with political prescription as well as legal analysis. Underlying the entire volume is a persistent attention to the nature of executive power and its particular manifestation in the American system. Part One introduces the foundations that underlie contemporary issues, including the famous James Madison-Alexander Hamilton debate over the powers of the presidency. Contemporary political and scholarly controversies, which are the subjects of Part Two, include the constitutionality of the War Powers Resolution of 1973, the legislative veto, executive privilege and secrecy, the character of the presidency, presidential selection, and the nature of executive power. The essays in The Presidency in the Constitutional Order represent some of the most cogent thought available about the highest elected office in America, and the themes of the volume continue to be timely and provocative.


The Oath and the Office: A Guide to the Constitution for Future Presidents

The Oath and the Office: A Guide to the Constitution for Future Presidents
Author: Corey Brettschneider
Publisher: W. W. Norton & Company
Total Pages: 215
Release: 2018-09-18
Genre: Political Science
ISBN: 0393652130

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"A cleareyed, accessible, and informative primer: vital reading for all Americans." —Kirkus Reviews, starred review Can the president launch a nuclear attack without congressional approval? Is it ever a crime to criticize the president? Can states legally resist a president’s executive order? In today’s fraught political climate, it often seems as if we must become constitutional law scholars just to understand the news from Washington, let alone make a responsible decision at the polls. The Oath and the Office is the book we need, right now and into the future, whether we are voting for or running to become president of the United States. Constitutional law scholar and political science professor Corey Brettschneider guides us through the Constitution and explains the powers—and limits—that it places on the presidency. From the document itself and from American history’s most famous court cases, we learn why certain powers were granted to the presidency, how the Bill of Rights limits those powers, and what “we the people” can do to influence the nation’s highest public office—including, if need be, removing the person in it. In these brief yet deeply researched chapters, we meet founding fathers such as James Madison and Alexander Hamilton, as well as key figures from historic cases such as Brown v. Board of Education and Korematsu v. United States. Brettschneider breathes new life into the articles and amendments that we once read about in high school civics class, but that have real impact on our lives today. The Oath and the Office offers a compact, comprehensive tour of the Constitution, and empowers all readers, voters, and future presidents with the knowledge and confidence to read and understand one of our nation’s most important founding documents.


The Living Presidency

The Living Presidency
Author: Saikrishna Bangalore Prakash
Publisher: Harvard University Press
Total Pages: 353
Release: 2020-04-21
Genre: Political Science
ISBN: 0674245210

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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 President Who Would Not Be King

The President Who Would Not Be King
Author: Michael W. McConnell
Publisher: Princeton University Press
Total Pages: 440
Release: 2020-11-10
Genre: Political Science
ISBN: 069121199X

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Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent—and limits—of presidential power One of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president. Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion. Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.