Supreme Court expansion of presidential power : unconstitutional leaning /
"Fisher traces the development of the constitutional law of presidential power through federal judicial decisions. He argues that the federal courts since the 1930s have greatly expanded presidential power beyond any fair reading of the original intent of the Framers and the text of the Constit...
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| Main Author: | |
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| Format: | Electronic eBook |
| Language: | English |
| Published: |
Lawrence, Kansas :
University Press of Kansas,
[2017]
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| Subjects: | |
| Online Access: | CONNECT |
MARC
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| 100 | 1 | |a Fisher, Louis, |e author. | |
| 245 | 1 | 0 | |a Supreme Court expansion of presidential power : |b unconstitutional leaning / |c Louis Fisher. |
| 264 | 1 | |a Lawrence, Kansas : |b University Press of Kansas, |c [2017] | |
| 264 | 4 | |c ©2017 | |
| 300 | |a 1 online resource (331 pages) |b digital PDF file. | ||
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| 520 | |a "Fisher traces the development of the constitutional law of presidential power through federal judicial decisions. He argues that the federal courts since the 1930s have greatly expanded presidential power beyond any fair reading of the original intent of the Framers and the text of the Constitution. Fisher's conclusion is twofold : not only should the courts be held accountable for misleading approaches, biased doctrines, and abdication of function, but so should constitutional law scholars, who have not mined the historical record nor questioned presumptions about executive competence. The result is that both judges and the scholars who comment on their work have legitimized executive power to an extent that has done serious damage not only to the constitutional system, but also to the viability and legitimacy of public policy"-- |c Provided by publisher. | ||
| 520 | |a "In the fourth of the Federalist Papers, published in 1787, John Jay warned of absolute monarchs who "will often make war when their nations are to get nothing by it." More than two centuries later, are single executives making unilateral decisions any more trustworthy? And have the checks on executive power, so critical in the Founders' drafting of the Constitution, held? These are the questions Louis Fisher pursues in this book. By examining the executive actions of American presidents, particularly after World War II, Fisher reveals how the Supreme Court, through errors and abdications, has expanded presidential power in external affairs beyond constitutional boundaries—and damaged the nation's system of checks and balances. Supreme Court Expansion of Presidential Power reviews the judicial record from 1789 to the present day to show how the balance of power has shifted over time. For nearly a century and a half, the Supreme Court did not indicate a preference for which of the two elected branches should dominate in the field of external affairs. But from the mid-thirties a pattern clearly emerges, with the Court regularly supporting independent presidential power in times of "emergency," or issues linked to national security. The damage this has done to democracy and constitutional government is profound, Fisher argues. His evidence extends beyond external affairs to issues of domestic policy, such as impoundment of funds, legislative vetoes, item-veto authority, presidential immunity in the Paula Jones case, recess appointments, and the Obama administration's immigration initiatives. Fisher identifies contemporary biases that have led to an increase in presidential power--including Supreme Court misconceptions and errors, academic failings, and mistaken beliefs about "inherent powers" and "unity of office." Calling to account the forces tasked with protecting our democracy from the undue exercise of power by any single executive, his deeply informed book sounds a compelling alarm."-- |c Provided by publisher. | ||
| 504 | |a Includes bibliographical references and index. | ||
| 505 | 0 | |a Cover; Title Page; Copyright Page; Table of Contents; Preface; Note on Citations; 1. Contemporary Biases; Supreme Court Misconceptions; Academic Failings; Conservatives Turn to Executive Power; Careless, Erroneous Dicta; Political Questions; Inherent Powers; Presidential "Unity"; 2. Shaping Constitutional Principles, 1776-1870; Framers' Intent; Precedents from Washington to John Adams; Unitary Executive Denied; Jefferson's Initiatives; Wars Against England and Mexico; Protecting Lives and Property; Lincoln's Precedents; Suspending the Writ and the Blockade. | |
| 505 | 8 | |a 3. Precedents from 1870 to 1935Immigration Policy; Spanish-American War; Life and Property Actions; World War I; Teapot Dome Scandal; President's Removal Power; 4. From 1936 to World War II; The Issue in Curtiss-Wright; The Sole-Organ Doctrine; Scholarly Evaluations; Some Midcourse Judicial Adjustments; Executive Agreements; 5. World War II Cases; Preparing for War; Destroyers-Bases Deal; Nazi Saboteur Case; Treatment of Japanese Americans; 6. After World War II and Korea; C. & S. Air Lines v. Waterman Corp.; Deportation of Ellen Knauff; The U.N. Charter; Truman's Initiative in Korea. | |
| 505 | 8 | |a Steel Seizure Case7. State Secrets Privilege; Aaron Burr's Trial; The Lincoln Spy Case; A Lawsuit by Three Widows; Scrutiny in the Lower Courts; The Supreme Court Decides; The Accident Report Becomes Public; Continued Reliance; 8. Eisenhower to Johnson; Eisenhower's Philosophy; Covert Actions Against Iran and Guatemala; Area Resolutions; Bay of Pigs and Groupthink; Cuban Missile Crisis; Involvement in Vietnam; Tonkin Gulf Resolution; Escalating the Vietnam War; 9. Nixon-Ford Administrations; National Commitments Resolution; Warrantless Domestic Surveillance. | |
| 505 | 8 | |a Judicial Involvement on War IssuesWar Powers Resolution; Publishing the Pentagon Papers; Watergate Tapes; Nixon's Impoundment Actions; Providing In Camera Inspection; 10. Legislative Vetoes; Early Precedents; Executive Reorganization Authority; Greater Use of Committee Vetoes; Carter's Challenge to the Legislative Veto; Striking Down Legislative Vetoes; They Survive; Carter's Desert One; 11. The Reagan-Bush I Years; Military Actions; Gramm-Rudman Act; Department of the Navy v. Egan; Independent Counsels; Iran-Contra Affair; George H.W. Bush; 12. Bill Clinton's Presidency. | |
| 505 | 8 | |a Military InitiativesWar in Kosovo; Item-Veto Authority; Paula Jones Case; Trial and Investigation; Impeachment; Settlement and Civil Contempt; 13. George W. Bush; Statutory Authority; Military Tribunals; Detaining U.S. Citizens; Abu Ghraib; Court Rulings in Hamdi and Rasul; Military Action in Iraq; Coalition Provisional Authority; State Secrets Privilege; 14. The Obama Administration; State Secrets Privilege; Closing Guantánamo; Military Intervention in Libya; Syria and the Islamic State; Recess Appointments; Jerusalem Passport Case; Immigration Initiatives; Conclusions; About the Author. | |
| 610 | 1 | 0 | |a United States. |b Supreme Court. |
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| 650 | 0 | |a Executive power |z United States |x History. | |
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