The Unitary Executive Theory

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“I have an Article II,” Donald Trump has announced, citing the US Constitution, “where I have the right to do whatever I want as president.” Though this statement would have come as a shock to the framers of the Constitution, it fairly sums up the essence of “the unitary executive theory.” This theory, which emerged during the Reagan administration and gathered strength with every subsequent presidency, counters the system of checks and balances that constrains a president’s executive impulses. It also, the authors of this book contend, counters the letter and spirit of the Constitution. In their account of the rise of unitary executive theory over the last several decades, the authors refute the notion that this overweening view of executive power has been a common feature of the presidency from the beginning of the Republic. Rather, they show, it was invented under the Reagan Administration, got a boost during the George W. Bush administration, and has found its logical extension in the Trump administration. This critique of the unitary executive theory reveals it as a misguided model for understanding presidential powers. While its adherents argue that greater presidential power makes government more efficient, the results have shown otherwise. Dismantling the myth that presidents enjoy unchecked plenary powers, the authors advocate for principles of separation of powers—of checks and balances—that honor the Constitution and support the republican government its framers envisioned. A much-needed primer on presidential power, from the nation’s founding through Donald Trump’s impeachment, The Unitary Executive Theory: A Danger to Constitutional Government makes a robust and persuasive case for a return to our constitutional limits.

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Genre : Political Science
Author : Jeffrey Crouch
Publisher : University Press of Kansas
Release : 2020-11-30
File : 222 Pages
ISBN-13 : 9780700630042


Rulemaking Process And The Unitary Executive Theory

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Genre : Political Science
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law
Publisher :
Release : 2009
File : 176 Pages
ISBN-13 : PSU:000066761310


The Unitary Presidency

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The theory of the unitary executive is one of the most controversial and significant constitutional doctrines of the past several decades. It holds that the U.S. president alone embodies all executive power and therefore has unlimited ability to direct the many people and institutions within the federal government’s vast executive branch. It thus justifies the president’s prerogative to organize the executive branch and to direct its activities, to tell executive personnel what to do and to fire them if desired, to control the flow of information, and to issue signing statements that make judgments about constitutionality and determine the extent to which laws will be implemented. In some versions, it also endorses implied or inherent powers and permits the president to completely control foreign policy and military action. Proponents say this conception of the presidential office is faithful to the Constitution, facilitates the sort of energetic executive that Alexander Hamilton argued for, and enhances administrative efficacy and political accountability for governance. Critics say this arrangement is constitutionally inaccurate, is belied by historical practice and legal precedents, and is dangerously close to the monarchical power that provoked the American Revolution – and can be especially threatening in the era of Donald Trump. This book examines how controversies about unitary executive power have played out from the founding era to the present day with a focus on recent presidents, it explores arguments both for and against the unitary executive theory, and it looks ahead to future implications for American politics.

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Genre : Political Science
Author : Graham Dodds
Publisher : Routledge
Release : 2019-08-05
File : 179 Pages
ISBN-13 : 9781351052764


The Unitary Executive And The Modern Presidency

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During his first term in office, Pres. George W. Bush made reference to the "unitary executive" ninety-five times, as part of signing statements, proclamations, and executive orders. Pres. Barack Obama's actions continue to make issues of executive power as timely as ever. Unitary executive theory stems from interpretation of the constitutional assertion that the president is vested with the "executive power" of the United States. In this groundbreaking collection of studies, eleven presidential scholars examine for the first time the origins, development, use, and future of this theory. The Unitary Executive and the Modern Presidency examines how the unitary executive theory became a recognized constitutional theory of presidential authority, how it has evolved, how it has been employed by presidents of both parties, and how its use has affected and been affected by U.S. politics. This book also examines the constitutional, political, and even psychological impact of the last thirty years of turmoil in the executive branch and the ways that controversy has altered both the exercise and the public’s view of presidential power.

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Genre : History
Author : Ryan J. Barilleaux
Publisher :
Release : 2010
File : 262 Pages
ISBN-13 : PSU:000067803255


The Post Heroic Presidency

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This book examines how presidents from Nixon to Obama have faced the challenges of global leadership in a dramatically changing world—one with more limited resources and an increasing number of threatening challengers. The immediate post-World War II era was undeniably a period of American power and influence. Even during the Cold War, the United States was the leader of the West, exerting wide-ranging power internationally. But beginning with the Vietnam War, America began experiencing a series of setbacks and challenges to its power. The Post-Heroic Presidency: Leveraged Leadership in an Age of Limits examines how U.S. presidents have attempted to reverse or contend with this new era of limited power in which presidential leadership is hamstrung due to an increasingly globalized and interdependent world—one where power is more diffuse and the system of checks and balances bind a president in an age of hyper-partisanship. The book examines presidents of the 20th and 21st centuries, explaining how the first U.S. president to confront this new age was Richard Nixon, who—along with Henry Kissinger—developed a sophisticated approach to deal with the recalibration of American power. It documents how other recent presidents have either tried to make peace with limited power (Jimmy Carter), reverse the decline (Ronald Reagan), ignore the implications of limits (George W. Bush), or find ways to lead that were less ambitious, more prudent, and less unilateral (George H.W. Bush, Bill Clinton, and Barack Obama). In the cases of Clinton and Obama, this shift to using "soft power," persuasion, and multilateralism earned them criticism that they are "weak," thereby undermining their efforts to lead—both at home and abroad.

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Genre : Political Science
Author : Michael A. Genovese
Publisher : Bloomsbury Publishing USA
Release : 2016-06-13
File : 321 Pages
ISBN-13 : 9781440837050


U S Democracy In Danger

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Historically, Donald Trump will be remembered as the first American president to be impeached twice and indicted. He fed the grotesque myth that the election was stolen and summoned his supporters to storm Congress on 6 January 2021 in a bid to thwart the certification of Joe Biden's U.S. presidential election victory. This volume vividly recounts the dramatic narrative of the January 6 Coup in America and how close we came to losing U.S. democracy. For anyone seeking a comprehensive and multidisciplinary global overview of democracy, an astute analysis of the forces that drive the dominance of the (neo)liberal paradigm of the last decades should look no further than this volume. Yet the volume takes the issue further by vigorously documenting the decline of the U.S. treaty process (America’s dysfunctional diplomacy and the doctrine of unpredictability). There is an urgent need for a massive infusion of strategic support for democracy in the United States. Because come 2024 or thereafter an unfinished work might drag American democracy to a dangerous inflection point. Trump (who has a complete hold on the Republican party, still has a stranglehold on the MAGA base no matter what he does, was instrumental to the breaking of U.S. diplomacy. Undermining the democratic legitimacy of International Law adversely affected U.S. foreign policy. Some federal and lower courts in the judiciary of the United States pose a real threat to Americans’ democracy as well. To that end, when ‘the principle of truth’ loses its relevance and meaning as benchmarks for appraisals and decisions, and becomes a harmful tool for willful propaganda. Everybody should be worried about U.S. democracy. A "real" crisis is coming! U.S. Democracy is at a breaking point. Like a giant modern mirror standing behind democracy itself, this book is a citizen's guide to saving U.S. Democracy. Expertly drawn on global and regional examples and current literature, the volume closes a gap in the multidisciplinary field. Quite useful as a valuable resource as it helps us understand the shifting Trump agenda in diverse areas. Essential reference across a range of subjects, bringing together contributions from scholars, and policymakers alike. This extraordinarily well-researched and practically crafted, culture-inclusive text could not be more relevant or timelier. It is a must for everyone. This volume will help to shape the political landscape of the 21st century and will remain a vital source of inspiration for modern-day scholars and political activists.

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Genre : Political Science
Author : Adebowale Akande
Publisher : Springer Nature
Release : 2023-10-19
File : 607 Pages
ISBN-13 : 9783031360992


Emergency Presidential Power

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Can a U.S. president decide to hold suspected terrorists indefinitely without charges or secretly monitor telephone conversations and e-mails without a warrant in the interest of national security? Was the George W. Bush administration justified in authorizing waterboarding? Was President Obama justified in ordering the killing, without trial or hearing, of a U.S. citizen suspected of terrorist activity? Defining the scope and limits of emergency presidential power might seem easy—just turn to Article II of the Constitution. But as Chris Edelson shows, the reality is complicated. In times of crisis, presidents have frequently staked out claims to broad national security power. Ultimately it is up to the Congress, the courts, and the people to decide whether presidents are acting appropriately or have gone too far. Drawing on excerpts from the U.S. Constitution, Supreme Court opinions, Department of Justice memos, and other primary documents, Edelson weighs the various arguments that presidents have used to justify the expansive use of executive power in times of crisis. Emergency Presidential Power uses the historical record to evaluate and analyze presidential actions before and after the terrorist attacks of September 11, 2001. The choices of the twenty-first century, Edelson concludes, have pushed the boundaries of emergency presidential power in ways that may provide dangerous precedents for current and future commanders-in-chief. Winner, Crader Family Book Prize in American Values, Department of History and Crader Family Endowment for American Values, Southeast Missouri State University

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Genre : History
Author : Chris Edelson
Publisher : University of Wisconsin Pres
Release : 2013-12-19
File : 376 Pages
ISBN-13 : 9780299295332


Rome And America

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"This Roman polish, and this smooth behaviour, That render man thus tractable and tame? Are they not only to disguise our passions, To set our looks at variance with our thoughts, To check the starts and sallies of the soul, And break off all its commerce with the tongue; In short, to change us into other creatures, Than what our nature and the gods designed us? (Joseph Addison, Cato: A Tragedy, I, 4, 40-47) What have we been changed into? Amidst Rome's civil war, the Numidian general, Syphax, questions the effects of Romanization endorsed by Numa, the prince of Numidia and ally of Cato the Younger in the fight against Caesar. This question is unsettling in part because answering it begins to undermine an assumption about the past upon which the question rests. The more one pushes the question, the more one realizes that there is no absolute beginning point, no from, but only ongoing experiences and memories that almost imperceptibly connect to identities. Yet cultures attempt to answer the question of identity definitively. Cultures naturalize, lending normativity to beliefs and actions that form identity. And cultures narrativize, giving constancy to identity over time. The assumptions that underlie these narratives - the symbolic resources that a culture draws on - rest in the background as something already familiar within which one remembers, makes sense of experiences, and forms 12 expectations. To ask about these assumptions unsettles, laying bare the anxieties that underlie the question, "Who are We?" We answer the question for America through familiar European categories that grow out of the Renaissance and Enlightenment. Questions of the American founding are organized around debates about its republican, liberal, or religious heritage. The space, itself, appears as an empty state of nature in which a new history (absent a feudal past) can begin. Belonging appears as a formal feature of the integrated nation-state (notably, citizenship) that is comprised of constitutional rights and sustained by market interactions. And the future is envisioned as a narrative of progress of reason, science, wealth, and rights. Early American social actors and observers defined it this way; scholars analyze America in these terms"--

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Genre : History
Author : Dean Hammer
Publisher : Cambridge University Press
Release : 2023-01-05
File : 265 Pages
ISBN-13 : 9781009249607


Projections Of Power In The Americas

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Two phenomena are of central interest in the nine contributions that make up this volume: one is the question of power and its multiple forms, and the other is that geographical, political and cultural multifaceted unity we call the ‘the Americas’. The book is a multidisciplinary effort, written by scholars from the fields of history, political science, anthropology, sociology and cultural studies, who all share an interest in the ways in which power is projected in the Americas. Some contributors focus on the sources of power, while others are more concerned with how it is presented and legitimized by those who hold it. Likewise, some investigate the relations between government and citizens, while others look at more informal structures of power. Common to all contributions, however, is that they attempt to trace the forms that political and social power take in different American contexts – from the highest echelons of political power in Washington, D.C. to the local politics of a small village in Mexico. Common to all contributions is a nuanced exploration of the various manifestations of political and social power in the Americas.

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Genre : History
Author : Helene Balslev Clausen
Publisher : Routledge
Release : 2012-08-06
File : 262 Pages
ISBN-13 : 9781136340253


American Government

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Features of this Innovative Text The 8th edition of this well-respected text features the 2014 midterm Congressional elections, the latest on Obama’s presidency, important Supreme Court decisions, the implementation of the Affordable Care Act, and other timely updates. An increased attention to media in politics runs through the book. Key learning objectives at the beginning of every chapter focus students on central points to watch for. "The Constitution Today" chapter opening vignettes illustrate the importance of conflicting views on constitutional principles. Key terms defined in the margins on the page where they appear help students study important concepts. Colorful figures, photos, and tables help students visualize important information. "Let’s Compare" boxes analyze how functions of government and political participation work in other countries—now framed by new critical thinking questions. Reformatted "Pro & Con" boxes bring to life a central debate in each chapter and highlight competing perspectives. End-of-chapter summaries, suggested readings, and web resources help students master the material and guide them to further critical investigation of important concepts and topics. "Struggling towards Democracy" discussion questions now do more to provoke critical thinking through examining the "then and now" of democracy in America.

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Genre : Political Science
Author : Cal Jillson
Publisher : Routledge
Release : 2015-07-24
File : 670 Pages
ISBN-13 : 9781317666790