Author: Adam B. Cox Publisher: Oxford University Press ISBN: 0190694386 Category : Law Languages : en Pages : 361
Book Description
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Author: Louis Fisher Publisher: ISBN: 0199856214 Category : Biography & Autobiography Languages : en Pages : 482
Book Description
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.
Author: Michael W. McConnell Publisher: Princeton University Press ISBN: 069121199X Category : Political Science Languages : en Pages : 440
Book Description
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.
Author: Billy W. Monroe Publisher: ISBN: 9781433184895 Category : Political Science Languages : en Pages : 0
Book Description
The book focuses on the evolution of the OLC over the last few decades, how the office straddles the line between politics and law, as well as how it interacts with the rest of the Department of Justice.
Author: Lisa Manheim Publisher: Manheim & Watts, LLC ISBN: 9780999698808 Category : Executive power Languages : en Pages : 178
Book Description
This one-of-a-kind guide provides a crash course in the laws governing the President of the United States. In an engaging and accessible style, two law professors explain the principles that inform everything from President Washington's disagreements with Congress to President Trump's struggles with the courts, and more. Timely and to the point, this guide provides the essential information every informed civic participant needs to know about the laws that govern the president-and what those laws mean for those who want to make their voices heard.
Author: Matthew Whitaker Publisher: Simon and Schuster ISBN: 1684510651 Category : Political Science Languages : en Pages : 147
Book Description
Matthew Whitaker came to Washington to serve as chief of staff to Attorney General Jeff Sessions, and following Sessions’s resignation, he was appointed Acting Attorney General of the United States. A former football player at the University of Iowa who had been confirmed by the Senate as a U.S. Attorney, Whitaker was devoted to the ideals of public service and the rule of law. But what he found when he led the Department of Justice on behalf of President Trump were bureaucratic elites with an agenda all their own. The Department of Justice had been steered off course by a Deep State made up of Washington insiders who saw themselves as above the law. Recklessly inverting, bending, and breaking the law to achieve their own political goals, they relentlessly undermined the Constitution by flaunting the rightful authority of a President they despised. Whitaker was an outsider with a desire to see justice done and democracy work. In his straightforward new book, Above the Law, he provides a stunning account of what he found in the swamp that is Washington. Whitaker reveals: • How former FBI Director James Comey and top figures in the Justice Department openly worked against President Trump • How the Deep State relies on the complicity of the mainstream media to achieve its ends • How the Deep State—drawing on elite universities and corporate law firms—perpetuates itself, keeping a small clique of people in power to ensure that nothing ever changes • How Robert Mueller’s investigation into alleged Russian collusion quickly concluded there was no evidence of wrong- doing by the President or his campaign but nevertheless produced a massive report that was intended as an act of political subversion If you had any doubts that the Deep State actually exists, that it perpetuates a government of insiders, and that it inexorably pursues a political agenda of its own, then you will find Whitaker’s first-person account eye-opening and utterly convincing.
Author: Peter M. Shane Publisher: ISBN: Category : Biography & Autobiography Languages : en Pages : 970
Book Description
In this volume, the authors offer a systematic overview of such topics as separation of powers, protecting the exercise of presidential functions, and executive privilege, including relevant cases and materials.
Author: Maurice Adams Publisher: Cambridge University Press ISBN: 1316883256 Category : Law Languages : en Pages : 559
Book Description
Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
Author: Richard H. Pildes Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This article explores the extent to which law constrains the exercise of presidential power, in both domestic and foreign affairs. Since the start of the twentieth century, the expansion of presidential power has been among the central features of American political development. Over the last decade, however, scholars across the political spectrum have argued that presidential powers have not just expanded dramatically, but that these powers are not effectively constrained by law. These scholars argue that law fails to limit presidential power not only in exceptional circumstances (times of crisis or emergency), but more generally; that unconstrained presidential power exists not just with respect to limited substantive arenas, such as foreign affairs or military matters, but across the board; and that statutes enacted by Congress, as well as the Constitution, fail to impose effective constraints. This article takes these claims on in empirical, theoretical, and cultural terms. Empirically, claims of legally unconstrained presidential power turn out to rest on thin evidence, rarely confront conflicting evidence; the empirical case is indeterminate and perhaps impossible Posner and Vermeule see presidents as Holmesians, not Hartians. Yet even if we enter their purely consequentialist world, in which presidents follow the law not out of any normative obligation or the more specific duty to faithfully execute the laws but only when the cost-benefit metric of compliance is more favorable than that of noncompliance, powerful reasons suggest that presidents will comply with law far more often than Posner and Vermeule imply. In the area of presidential studies, the Posner and Vermeule approach is particularly fresh. For many decades, legal scholarship on presidential power was confined to assessing how much formal legal power the President should be understood to have, as a matter of the original understanding at the time of the Constitution's adoption or subsequent legal and political practice. In other disciplines, scholarship on the presidency was heavily personality based -- organized around studies of individual presidents, or case studies of particular episodes, or narrative accounts of how various presidents had, for example, used military force. But the greater emphasis in the social sciences in recent decades on institutional analysis has recently reached presidential studies, and an emerging series of works now seeks to analyze the presidency not through individual personalities but through the more systematic tools of empirical and theoretical analysis. Posner and Vermeule's book, in its effort to theorize systematically about the actual (rather than formal) scope of presidential power, should be seen in this light.
Author: Adam B. Cox
Author: John V. Sullivan
Author: Louis Fisher
Author: Michael W. McConnell
Author: Billy W. Monroe
Author: Lisa Manheim
Author: Matthew Whitaker
Author: Peter M. Shane
Author: Maurice Adams
Author: Richard H. Pildes