Author: J. Malcolm SmithPublisher: Da Capo Press
ISBN:
Category : Political Science
Languages : en
Pages : 208
Book Description
Powers Of The President During Crises
Author: J. Malcolm SmithPublisher: Da Capo Press
ISBN:
Category : Political Science
Languages : en
Pages : 208
Book Description
Powers of the President During National Crises
Author: Cornelius CotterPublisher:
ISBN: 9780818301964
Category :
Languages : en
Pages :
Book Description
Powers of the President During Crises
Author: J. Malcolm SmithPublisher: Library of Alexandria
ISBN: 1465506969
Category : History
Languages : en
Pages : 137
Book Description
The general welfare, and military effectiveness of a modern industrial nation depend upon the harmonious interaction of a complex, interdependent network of production and transportation facilities. The interruption of this process at any of a myriad of critical points can disrupt the supply of essential civilian and military materials, possibly undermining the economic health or military security of the nation. The urban concentration of population and the refinement of communication devices and techniques for manipulating public opinion make it increasingly possible to instill in the civilian population an hysteria and terror which could effectively thwart national mobilization. Realization of the magnitude of the problem, and a pervasive fear of military assault, vitally influence the process of continuous redefinition of the balance between collective authority and individual liberty which is the essential task of democratic government in war as in peace. Emergency government has become the norm for twentieth century constitutional states. An assessment of the adequacy with which democratic government has, in the recurrent economic and military emergencies since 1933, combined mobilization of “the ... power of every individual and of every material resource at its command” toward the objective of national survival and well-being, with the protection of basic individual freedoms and the principle of responsible government which are the heart of democracy, must in substantial part rest upon an analysis of the contents of the statute books. That is the purpose of this study. Its classification of legislative delegations of emergency powers to the executive since 1933 should provide not only indication of the extent to which coercive powers over persons and property have been granted the executive in the name of emergency, but also a framework for the organization of a series of studies into the use of such powers by the executive branch, and the success of congressional and other efforts to maintain responsible administration in time of emergency. There exists no dearth of recorded efforts to define the ultimate scope of the constitutional emergency power of the American executive. Various justices of the Supreme Court have hypothesized, at one end of a continuum, inflexible constitutional restraints upon executive response to perceived emergency, and at the other end an emergency power which is either unrestrained or unrestrainable. In this manner the Supreme Court has sought to resolve the conundrum, “How can a virtually unlimited emergency power and a systematic body of constitutional limitations upon government action logically coexist? How can constitutionalism be ought but an anachronism in the twentieth century unless constitutional governments are equipped with adequate legal authority to carry the body politic through economic and military emergencies of staggering dimensions?” The considerable body of scholarly literature in this field is principally devoted to speculation on the breadth of the “inherent,” “residual,” “executive,” or “war” power of the President, and description of occasions on which the nation’s chief executives have considered it necessary to exercise a prerogative “power to act according to discretion for the public good, without the prescription of the law and sometimes even against it.” But despite such incidents as President Roosevelt’s 1942 Labor Day speech admonishing the Congress that unless it repealed certain provisions of the Emergency Price Control Act by October 1st, he would consider them repealed, emergency administration is overwhelmingly characterized by joint participation and cooperation of the varying branches of the federal government. American government in time of war does not degenerate to anything resembling dictatorship, and to focus attention upon the exceptions to executive-legislative cooperation in war administration is to study the pathology of emergency administration.
National Security Crises and the Expanding American Presidency
Author: Melissa Marguerite LalondePublisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
Sovereignty Or Submission
Author: Jonathan DaileyPublisher:
ISBN: 9781913969813
Category :
Languages : en
Pages : 140
Book Description
The constitutional powers vested in the executive branch can provide President Trump the authority to federalize the national guard and deploy federal troops to quell domestic violence, if and when a crisis arises and is on the brink of tearing apart the very fabric of our nation. The United States has its roots in democracy, but was born as a result of revolution and torn apart by civil war. The United States will remain united if the executive branch, led by President Trump, can exert executive authority within our constitutional framework and quell anarchy. An analysis of the philosophy of executive authority from Machiavelli to Hamilton and an examination of post WWI-German Republic to the Parliamentary scheme of England reveals that it is the United States Republic that will survive a crisis of anarchy and chaos. Within these pages, it is explored how the President can restore calm in our nation, without submitting to the forces of chaos by acting within his constitutional executive authority.
Presidents, Populism, and the Crisis of Democracy
Author: William G. HowellPublisher: University of Chicago Press
ISBN: 022672882X
Category : Political Science
Languages : en
Pages : 276
Book Description
To counter the threat America faces, two political scientists offer “clear constitutional solutions that break sharply with the conventional wisdom” (Steven Levitsky, New York Times–bestselling coauthor of How Democracies Die). Has American democracy’s long, ambitious run come to an end? Possibly yes. As William G. Howell and Terry M. Moe argue in this trenchant new analysis of modern politics, the United States faces a historic crisis that threatens our system of self-government—and if democracy is to be saved, the causes of the crisis must be understood and defused. The most visible cause is Donald Trump, who has used his presidency to attack the nation’s institutions and violate its democratic norms. Yet Trump is but a symptom of causes that run much deeper: social forces like globalization, automation, and immigration that for decades have generated economic harms and cultural anxieties that our government has been wholly ineffective at addressing. Millions of Americans have grown angry and disaffected, and populist appeals have found a receptive audience. These were the drivers of Trump’s dangerous presidency, and they’re still there for other populists to weaponize. What can be done? The disruptive forces of modernity cannot be stopped. The solution lies, instead, in having a government that can deal with them—which calls for aggressive new policies, but also for institutional reforms that enhance its capacity for effective action. The path to progress is filled with political obstacles, including an increasingly populist, anti-government Republican Party. It is hard to be optimistic. But if the challenge is to be met, we need reforms of the presidency itself—reforms that harness the promise of presidential power for effective government, but firmly protect against that power being put to anti-democratic ends.
Presidents in Crisis
Author: Michael BohnPublisher: Skyhorse Publishing, Inc.
ISBN: 1628726059
Category : History
Languages : en
Pages : 386
Book Description
"Every American president, when faced with a crisis, longs to take bold and decisive action. When American lives or vital interests are at stake, the public--and especially the news media and political opponents--expect aggressive leadership. But, contrary to the dramatizations of Hollywood, rarely does a president have that option. In Presidents in Crisis, a former director of the Situation Room takes the reader inside the White House during seventeen grave international emergencies handled by the presidents from Truman to Obama: from North Korea's invasion of South Korea to the revolutions of the Arab Spring, and from the thirteen days of the Cuban Missile Crisis to the taking of American diplomats hostage in Iran and George W. Bush's response to the attacks of September 11, 2001. In narratives that convey the drama of unfolding events and the stakes of confrontation when a misstep can mean catastrophe, he walks us step by step through each crisis. Laying out the key players and personalities and the moral and political calculations that the leaders have had to make, he provides a fascinating insider's look at modern presidential decision making and the fundamental role in it of human frailty"--
The Presidency in Times of Crisis and Disaster
Author: Brian M. HarwardPublisher: Bloomsbury Publishing USA
ISBN:
Category : Political Science
Languages : en
Pages : 250
Book Description
This resource uses primary documents and contextualizing essays to illuminate how America's presidents have responded to major tests of their leadership and approached their role and responsibilities in times of national crisis. Presidents hold the attention of the public like no other political actor. In addition, because of their unique role in the constitutional system, presidents often take immediate, unilateral action in the face of national emergencies. Exploring key events, crises, and disasters through the lens of presidential responsiveness, this text reveals not only the larger historical context but also the authority of presidents in meeting the "felt necessities of the time," deepening readers' understanding of those touchstone events. Comprehensive in temporal and topical scope, the book covers crises and disasters from the presidency of George Washington through Donald Trump's first two years in office. Important events covered include natural disasters, wars, assassinations, terrorist attacks, mass shootings, economic crises, riots, tragedies, and political scandals. Each event is explored through a primary document that reveals key dimensions of the presidential response to the crisis or disaster in question and contextual headnotes and essays that provide additional insights into the political, economic, and cultural contexts in which that event occurred and to which the president responded.
Constitutions in Times of Financial Crisis
Author: Tom GinsburgPublisher: Cambridge University Press
ISBN: 9781108729208
Category : Law
Languages : en
Pages : 342
Book Description
Many constitutions include provisions intended to limit the discretion of governments in economic policy. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. This volume assesses the ability of constitutional orders all over the world to cope with financial crises, and the demands for emergency powers that typically accompany them. Bringing together a variety of perspectives from legal scholars, economists, and political scientists, this volume traces the long-run implications of financial crises for constitutional order. In exploring the theoretical and practical problems raised by the constitutionalization of economic policy during times of severe crisis, this volume showcases an array of constitutional design options and the ways they channel governmental responses to emergency.
The Cavalier Presidency
Author: Justin P. DePlatoPublisher: Lexington Books
ISBN: 0739188852
Category : Political Science
Languages : en
Pages : 233
Book Description
In this book, Justin DePlato examines and analyzes the reasons and justifications for, as well as instances of, executive emergency power in political thought and action. The book begins by analyzing the theory of executive emergency power across a wide breadth of philosophical history, from Ancient Greek, Renaissance, through modern American political thought. This analysis indicates that in political philosophy two models exist for determining and using executive emergency power: an unfettered executive prerogative or a constitutional dictatorship. The modern American approach to executive emergency power is an unfettered executive prerogative, whereby the executive determines what emergency power is and how to use it. The book addresses the fundamental question of whether executive power in times of crisis may be unfettered and discretionary or rather does the law define and restrain executive emergency power. The author reviews and analyzes seven U.S. presidencies that handled a domestic crisis—Washington, Jefferson, Madison, Jackson, Lincoln, G. W. Bush, and Obama—to show that presidents become extraordinarily powerful during crises and act unilaterally without oversight. The use of executive emergency power undermines the normal processes of democratic republicanism and harms the rule of law. The author analyzes the U.S. Constitution, formerly classified Department of Justice Memos, primary sourced letters, signing statements, executive orders, presidential decrees, and original founding documents to comprehensively conclude that presidential prerogative determines what emergency powers are and how they are to be executed. This book challenges the claim that presidents determine their emergency power with appropriate congressional oversight or consultation. The analysis of the empirical data indicates that presidents do not consult with Congress prior to determining what their emergency powers are and how the president wants to use them. Justin DePlato joins the highly contentious debate over the use of executive power during crisis and offers a sharp argument against an ever-growing centralized and unchecked federal power. He argues that presidents are becoming increasingly reckless when determining and using power during crisis, often times acting unconstitutional.