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Author: Peter M Shane Publisher: Univ of California Press ISBN: 0520380908 Category : Law Languages : en Pages : 319
Book Description
Legal scholar Peter M. Shane confronts U.S. presidential entitlement and offers a more reasonable way of conceptualizing our constitutional presidency in the twenty-first century. In the eyes of modern-day presidentialists, the United States Constitution’s vesting of “executive power” means today what it meant in 1787. For them, what it meant in 1787 was the creation of a largely unilateral presidency, and in their view, a unilateral presidency still best serves our national interest. Democracy’s Chief Executive challenges each of these premises, while showing how their influence on constitutional interpretation for more than forty years has set the stage for a presidency ripe for authoritarianism. Democracy’s Chief Executive explains how dogmatic ideas about expansive executive authority can create within the government a psychology of presidential entitlement that threatens American democracy and the rule of law. Tracing today’s aggressive presidentialism to a steady consolidation of White House power aided primarily by right-wing lawyers and judges since 1981, Peter M. Shane argues that this is a dangerously authoritarian form of constitutional interpretation that is not even well supported by an originalist perspective. Offering instead a fresh approach to balancing presidential powers, Shane develops an interpretative model of adaptive constitutionalism, rooted in the values of deliberative democracy. Democracy’s Chief Executive demonstrates that justifying outcomes explicitly based on core democratic values is more, not less, constraining for judicial decision making—and presents a model that Americans across the political spectrum should embrace.
Author: Peter M Shane Publisher: Univ of California Press ISBN: 0520380908 Category : Law Languages : en Pages : 319
Book Description
Legal scholar Peter M. Shane confronts U.S. presidential entitlement and offers a more reasonable way of conceptualizing our constitutional presidency in the twenty-first century. In the eyes of modern-day presidentialists, the United States Constitution’s vesting of “executive power” means today what it meant in 1787. For them, what it meant in 1787 was the creation of a largely unilateral presidency, and in their view, a unilateral presidency still best serves our national interest. Democracy’s Chief Executive challenges each of these premises, while showing how their influence on constitutional interpretation for more than forty years has set the stage for a presidency ripe for authoritarianism. Democracy’s Chief Executive explains how dogmatic ideas about expansive executive authority can create within the government a psychology of presidential entitlement that threatens American democracy and the rule of law. Tracing today’s aggressive presidentialism to a steady consolidation of White House power aided primarily by right-wing lawyers and judges since 1981, Peter M. Shane argues that this is a dangerously authoritarian form of constitutional interpretation that is not even well supported by an originalist perspective. Offering instead a fresh approach to balancing presidential powers, Shane develops an interpretative model of adaptive constitutionalism, rooted in the values of deliberative democracy. Democracy’s Chief Executive demonstrates that justifying outcomes explicitly based on core democratic values is more, not less, constraining for judicial decision making—and presents a model that Americans across the political spectrum should embrace.
Author: Peter M. Shane Publisher: University of Chicago Press ISBN: 0226749428 Category : Political Science Languages : en Pages : 258
Book Description
The George W. Bush administration’s ambitious—even breathtaking—claims of unilateral executive authority raised deep concerns among constitutional scholars, civil libertarians, and ordinary citizens alike. But Bush’s attempts to assert his power are only the culmination of a near-thirty-year assault on the basic checks and balances of the U.S. government—a battle waged by presidents of both parties, and one that, as Peter M. Shane warns in Madison’s Nightmare, threatens to utterly subvert the founders’ vision of representative government. Tracing this tendency back to the first Reagan administration, Shane shows how this era of "aggressive presidentialism" has seen presidents exerting ever more control over nearly every arena of policy, from military affairs and national security to domestic programs. Driven by political ambition and a growing culture of entitlement in the executive branch—and abetted by a complaisant Congress, riven by partisanship—this presidential aggrandizement has too often undermined wise policy making and led to shallow, ideological, and sometimes outright lawless decisions. The solution, Shane argues, will require a multipronged program of reform, including both specific changes in government practice and broader institutional changes aimed at supporting a renewed culture of government accountability. From the war on science to the mismanaged war on terror, Madison’s Nightmare outlines the disastrous consequences of the unchecked executive—and issues a stern wake-up call to all who care about the fate of our long democratic experiment.
Author: Susan Rose-Ackerman Publisher: Yale University Press ISBN: 0300262477 Category : Law Languages : en Pages : 421
Book Description
A defense of regulatory agencies’ efforts to combine public consultation with bureaucratic expertise to serve the interest of all citizens The statutory delegation of rule-making authority to the executive has recently become a source of controversy. There are guiding models, but none, Susan Rose-Ackerman claims, is a good fit with the needs of regulating in the public interest. Using a cross-national comparison of public policy-making in the United States, the United Kingdom, France, and Germany, she argues that public participation inside executive rule-making processes is necessary to preserve the legitimacy of regulatory policy-making.
Author: David Orr Publisher: The New Press ISBN: 1620975149 Category : Political Science Languages : en Pages : 481
Book Description
A stellar group of America's leading political thinkers explore how to reboot our democracy The presidential election of 2016 highlighted some long-standing flaws in American democracy and added a few new ones. Across the political spectrum, most Americans do not believe that democracy is delivering on its promises of fairness, justice, shared prosperity, or security in a changing world. The nation cannot even begin to address climate change and economic justice if it remains paralyzed by political gridlock. Democracy Unchained is about making American democracy work to solve problems that have long impaired our system of governance. The book is the collective work of thirty of the most perceptive writers, practitioners, scientists, educators, and journalists writing today, who are committed to moving the political conversation from the present anger and angst to the positive and constructive change necessary to achieve the full promise of a durable democracy that works for everyone and protects our common future. Including essays by Yasha Mounk on populism, Chisun Lee on money and politics, Ras Baraka on building democracy from the ground up, and Bill McKibben on climate, Democracy Unchained is the articulation of faith in democracy and will be required reading for all who are working to make democracy a reality. Table of Contents Foreword Introduction David W. Orr Part I. The Crisis of Democracy Populism and Democracy Yascha Mounk Reconstructing Our Constitutional Democracy K. Sabeel Rahman Restoring Healthy Party Competition Jacob S. Hacker and Paul Pierson When Democracy Becomes Something Else: The Problem of Elections and What to Do About It Andrew Gumbel The Best Answer to Money in Politics After Citizens United: Public Campaign Financing in the Empire State and Beyond Chisun Lee Remaking the Presidency After Trump Jeremi Suri The Problem of Presidentialism Stephen Skowronek Part II. Foundations of Democracy Renewing the American Democratic Faith Steven C. Rockefeller American Land, American Democracy Eric Freyfogle Race and Democracy: The Kennedys, Obama, Trump, and Us Michael Eric Dyson Liberty and Justice for All: Latina Activist Efforts to Strengthen Democracy in 2018 Maria Hinojosa What Black Women Teach Us About Democracy Andra Gillespie and Nadia E. Brown Engines of Democracy: Racial Justice and Cultural Power Rashad Robinson Civic and Environmental Education: Protecting the Planet and Our Democracy Judy Braus The Supreme Court's Legitimacy Crisis and Constitutional Democracy’s Future Dawn Johnsen Part III. Policy Challenges Can Democracy Survive the Internet? David Hickton The New New Deal: How to Reregulate Capitalism Robert Kuttner First Understand Why They're Winning: How to Save Democracy from the Anti-Immigrant Far Right Sasha Polakow-Suransky No Time Left: How the System Is Failing to Address Our Ultimate Crisis Bill McKibben Powering Democracy Through Clean Energy Denise G. Fairchild The Long Crisis: American Foreign Policy Before and After Trump Jessica Tuchman Mathews Part IV. Who Acts, and How? The Case for Strong Government William S. Becker The States Nick Rathod Democracy in a Struggling Swing State Amy Hanauer Can Independent Voters Save American Democracy? Why 42 Percent of American Voters Are Independent and How They Can Transform Our Political System Jaqueline Salit and Thom Reilly Philanthropy and Democracy Stephen B. Heintz Keeping the Republic Dan Moulthrop The Future of Democracy Mayor Ras Baraka Building a University Where All People Matter Michael M. Crow, William B. Dabars, and Derrick M. Anderson Biophilia and Direct Democracy Timothy Beatley Purpose-Driven Capitalism Mindy Lubber Restoring Democracy: Nature's Trust, Human Survival, and Constitutional Fiduciary Governance 397 Mary Christina Wood Conclusion Ganesh Sitaraman
Author: Eileen McDonagh Publisher: University of Chicago Press ISBN: 0226514560 Category : Social Science Languages : en Pages : 355
Book Description
American women attain more professional success than most of their counterparts around the world, but they lag surprisingly far behind in the national political arena. Women held only 15 percent of U.S. congressional seats in 2006, a proportion that ranks America behind eighty-two other countries in terms of females elected to legislative office. A compelling exploration of this deficiency, TheMotherless State reveals why the United States differs from comparable democracies that routinely elect far more women to their national governing bodies and chief executive positions. Explaining that equal rights alone do not ensure equal access to political office, Eileen McDonagh shows that electoral gender parity also requires public policies that represent maternal traits. Most other democracies, she demonstrates, view women as more suited to govern because their governments have taken on maternal roles through social welfare provisions, gender quotas, or the continuance of symbolic hereditary monarchies. The United States has not adopted such policies, and until it does, McDonagh insightfully warns, American women run for office with a troubling disadvantage.
Author: David M. Driesen Publisher: Stanford University Press ISBN: 1503628620 Category : Law Languages : en Pages : 323
Book Description
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: Caroline Fredrickson Publisher: The New Press ISBN: 1620973901 Category : Political Science Languages : en Pages : 175
Book Description
The former special assistant for legislative affairs to President Clinton, president of the American Constitution Society, and author of the "damn fine" (Elle) Under the Bus shows how the left can undo the right's damage and take the country back Despite representing the beliefs of a minority of the American public on many issues, conservatives are in power not just in Washington, DC, but also in state capitals and courtrooms across the country. They got there because, while progressives fought to death over the nuances of policy and to bring attention to specific issues, conservatives focused on simply gaining power by gaming our democracy. They understood that policy follows power, not the other way around. Now, in a sensational new book, Caroline Fredrickson—who has had a front-row seat on the political drama in DC for decades while working to shape progressive policies as special assistant for legislative affairs to President Clinton, chief of staff to Senator Maria Cantwell, deputy chief of staff to Senator Tom Daschle, and president of the American Constitution Society—argues that it's time for progressives to focus on winning. She shows us how we can learn from the Right by having the determination to focus on judicial elections, state power, and voter laws without stooping to their dishonest, rule-breaking tactics. We must be ruthless in thinking through how to change the rules of the game to regain power, expand the franchise, end voter suppression, win judicial elections, and fight for transparency and fairness in our political system, and Fredrickson shows us how.
Author: National Academies of Sciences, Engineering, and Medicine Publisher: National Academies Press ISBN: 030947647X Category : Political Science Languages : en Pages : 181
Book Description
During the 2016 presidential election, America's election infrastructure was targeted by actors sponsored by the Russian government. Securing the Vote: Protecting American Democracy examines the challenges arising out of the 2016 federal election, assesses current technology and standards for voting, and recommends steps that the federal government, state and local governments, election administrators, and vendors of voting technology should take to improve the security of election infrastructure. In doing so, the report provides a vision of voting that is more secure, accessible, reliable, and verifiable.
Author: Charles Taylor Publisher: Harvard University Press ISBN: 0674246632 Category : Philosophy Languages : en Pages : 121
Book Description
“An urgent manifesto for the reconstruction of democratic belonging in our troubled times.” —Davide Panagia Across the world, democracies are suffering from a disconnect between the people and political elites. In communities where jobs and industry are scarce, many feel the government is incapable of understanding their needs or addressing their problems. The resulting frustration has fueled the success of destabilizing demagogues. To reverse this pattern and restore responsible government, we need to reinvigorate democracy at the local level. But what does that mean? Drawing on examples of successful community building in cities large and small, from a shrinking village in rural Austria to a neglected section of San Diego, Reconstructing Democracy makes a powerful case for re-engaging citizens. It highlights innovative grassroots projects and shows how local activists can form alliances and discover their own power to solve problems.
Author: Suzanne Mettler Publisher: St. Martin's Press ISBN: 9781250244420 Category : Political Science Languages : en Pages : 304
Book Description
An urgent, historically-grounded take on the four major factors that undermine American democracy, and what we can do to address them. While many Americans despair of the current state of U.S. politics, most assume that our system of government and democracy itself are invulnerable to decay. Yet when we examine the past, we find that to the contrary, the United States has undergone repeated crises of democracy, from the earliest days of the republic to the present. In The Four Threats, Robert C. Lieberman and Suzanne Mettler explore five historical episodes when democracy in the United States was under siege: the 1790s, the Civil War, the Gilded Age, the Depression, and Watergate. These episodes risked profound, even fatal, damage to the American democratic experiment, and on occasion antidemocratic forces have prevailed. From this history, four distinct characteristics of democratic disruption emerge. Political polarization, racism and nativism, economic inequality, and excessive executive power – alone or in combination – have threatened the survival of the republic, but it has survived, so far. What is unique, and alarming, about the present moment is that all four conditions are present in American politics today. This formidable convergence marks the contemporary era as an especially grave moment for democracy in the United States. But history provides a valuable repository from which contemporary Americans can draw lessons about how democracy was eventually strengthened — or in some cases weakened — in the past. By revisiting how earlier generations of Americans faced threats to the principles enshrined in the Constitution, we can see the promise and the peril that have led us to the present and chart a path toward repairing our civic fabric and renewing democracy.
Author: Peter M Shane
Author: Peter M Shane
Author: Peter M. Shane
Author: Susan Rose-Ackerman
Author: David Orr
Author: Eileen McDonagh
Author: David M. Driesen
Author: Caroline Fredrickson
Author: National Academies of Sciences, Engineering, and Medicine
Author: Charles Taylor
Author: Suzanne Mettler