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Author: Benjamin A. Kleinerman Publisher: ISBN: Category : Law Languages : en Pages : 352
Book Description
Examines both the peril and the promise of presidential power to clarify that what can destroy our Constitution can--if the threat is dire--also save it. An unusually balanced study that argues for a middle path whereby presidents choose consciously to act temporarily outside or even against the laws in serving the nation's best interest.
Author: Benjamin A. Kleinerman Publisher: ISBN: Category : Law Languages : en Pages : 352
Book Description
Examines both the peril and the promise of presidential power to clarify that what can destroy our Constitution can--if the threat is dire--also save it. An unusually balanced study that argues for a middle path whereby presidents choose consciously to act temporarily outside or even against the laws in serving the nation's best interest.
Author: Debtoru Chatterjee Publisher: Oxford University Press, USA ISBN: 9780199466566 Category : History Languages : en Pages : 0
Book Description
This title examines the discretionary powers of the President of India. It is replete with examples mainly drawn from India, the Commonwealth countries, and Great Britain, of actual instances of exercise of such powers by a constitutional sovereign. For instance, the book flags the crucial role a President can play in the event of a hung parliament.
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: Hiroshi Motomura Publisher: Oxford University Press, USA ISBN: 0199768439 Category : History Languages : en Pages : 361
Book Description
"A 1975 state-wide law in Texas made it legal for school districts to bar students from public schools if they were in the country illegally, thus making it extremely difficult or even possible for scores of children to receive an education. The resulting landmark Supreme Court case, Plyler v. Doe (1982), established the constitutional right of children to attend public elementary and secondary schools regardless of legal status and changed how the nation approached the conversation about immigration outside the law. Today, as the United States takes steps towards immigration policy reform, Americans are subjected to polarized debates on what the country should do with its "illegal" or "undocumented" population. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura takes a neutral, legally-accurate approach in his attention and responses to the questions surrounding those whom he calls "unauthorized migrants." In a reasoned and careful discussion, he seeks to explain why unlawful immigration is such a contentious debate in the United States and to offer suggestions for what should be done about it. He looks at ways in which unauthorized immigrants are becoming part of American society and why it is critical to pave the way for this integration. In the final section of the book, Motomura focuses on practical and politically viable solutions to the problem in three public policy areas: international economic development, domestic economic policy, and educational policy. Amidst the extreme opinions voiced daily in the media, Motomura explains the complicated topic of immigration outside the law in an understandable and refreshingly objective way for students and scholars studying immigration law, policy-makers looking for informed opinions, and any American developing an opinion on this contentious issue"--
Author: Jeffrey Rosen Publisher: Times Books ISBN: 1250293693 Category : Biography & Autobiography Languages : en Pages : 206
Book Description
The only man to serve as president and chief justice, who approached every decision in constitutional terms, defending the Founders’ vision against new populist threats to American democracy William Howard Taft never wanted to be president and yearned instead to serve as chief justice of the United States. But despite his ambivalence about politics, the former federal judge found success in the executive branch as governor of the Philippines and secretary of war, and he won a resounding victory in the presidential election of 1908 as Theodore Roosevelt’s handpicked successor. In this provocative assessment, Jeffrey Rosen reveals Taft’s crucial role in shaping how America balances populism against the rule of law. Taft approached each decision as president by asking whether it comported with the Constitution, seeking to put Roosevelt’s activist executive orders on firm legal grounds. But unlike Roosevelt, who thought the president could do anything the Constitution didn’t forbid, Taft insisted he could do only what the Constitution explicitly allowed. This led to a dramatic breach with Roosevelt in the historic election of 1912, which Taft viewed as a crusade to defend the Constitution against the demagogic populism of Roosevelt and Woodrow Wilson. Nine years later, Taft achieved his lifelong dream when President Warren Harding appointed him chief justice, and during his years on the Court he promoted consensus among the justices and transformed the judiciary into a modern, fully equal branch. Though he had chafed in the White House as a judicial president, he thrived as a presidential chief justice.
Author: Fred Barnes Publisher: Random House Digital, Inc. ISBN: Category : Biography & Autobiography Languages : en Pages : 232
Book Description
Based on exclusive interviews with President Bush, Karl Rove, Donald Rumsfeld, Condoleezza Rice, and other key figures in the administration, this volume offers a never-before-seen glimpse at how the president operates and how he's influenced the shifting sentiments of the country.
Author: Louis Fisher Publisher: Princeton University Press ISBN: 1400868343 Category : Political Science Languages : en Pages : 361
Book Description
Each year billions of dollars are diverted by the President and his assistants from the purposes for which Congress intended them. Billions more are used in confidential and covert ways, without the knowledge of Congress and the public. Here is the first account of how this money is actually spent. Louis Fisher writes: "When it comes to the administration of the budget, we find nothing that is obvious, very little that is visible. Our priorities here are peculiar. We fix upon the appropriations process, watching with great fascination as Congress goes about its business of making funds available to agencies. What happens after that point —the actual spending of money—rarely commands our attention." To unravel the mystery, Louis Fisher has investigated different forms of discretionary action: the transfer of funds that initially financed the Cambodian incursion; impoundment during the Nixon administration; covert financing; the reprogramming of funds; and unauthorized commitments. He describes each of these devices in operation and provides the historical background of Presidential spending power. In conclusion Louis Fisher presents a cogent and timely analysis of what can be done to improve Congressional control. Sufficient control, he maintains, cannot be achieved merely through the appropriations process, and he makes important recommendations designed to preserve discretionary authority while improving Congressional supervision. Originally published in 1975. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author: Bob Bauer Publisher: Lawfare Press ISBN: 9781735480619 Category : Executive power Languages : en Pages : 436
Book Description
In After Trump: Reconstructing the Presidency, Bob Bauer and Jack Goldsmith provide a comprehensive roadmap for reform of the presidency in the post-Trump era. In fourteen chapters they offer more than fifty concrete proposals concerning presidential conflicts of interest, foreign influence on elections, pardon power abuse, assaults on the press, law enforcement independence, Special Counsel procedures, FBI investigations of presidents and presidential campaigns, the role of the White House Counsel, war powers, control of nuclear weapons, executive branch vacancies, domestic emergency powers, how one administration should examine possible crimes by the president of a prior administration, and more. Each set of reform proposals is preceded by rich descriptions of relevant presidential history, and relevant background law and norms, that place the proposed reforms in context. All of the proposals are prefaced by a chapter that explains how Trump--and, in some cases, his predecessors--conducted the presidency in ways that justify these reforms. After Trump will thus be essential reading for the coming debate on how to reconstruct the laws and norms that constitute and govern the world's most powerful office. It's hard to imagine two better co-authors for the task. Both served in senior executive branch positions-in the administrations of Barack Obama and George W. Bush, respectively-and have written widely on the presidency. Bob Bauer served from 2010-2011 as White House Counsel to President Barack Obama, who in 2013 named Bauer to be Co-Chair of the Presidential Commission on Election Administration. He is a Professor of Practice and Distinguished Scholar in Residence at New York University School of Law, as well as the co-director of its Legislative and Regulatory Process Clinic. Jack Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003. He is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Senior Fellow at the Hoover Institution. Together, in this book, they set the terms for the national discussion to come about the presidency, its powers, and its limits.
Author: W. Taylor Reveley Publisher: Charlottesville : University Press of Virginia ISBN: Category : Law Languages : en Pages : 428
Book Description
Discussing what war powers involve and which branch of government should control them, Reverly grapples with the full historical, political and legal complexities of this matter. He identifies the issues that must be considered, given the division of power between the President and Congress and analyzes the four main factors that shape this division -- the text of the Constitution, the purposes of its framers and ratifiers, evolving beliefs about what the Constitution requires and the various divisions of power that have existed between the President and Congress over the past two centuries. Also makes recommendations to achieve a coherent, consistent and workable war-powers policy, without endangering national security or violating the Constitution.
Author: Benjamin A. Kleinerman
Author: Benjamin A. Kleinerman
Author: Debtoru Chatterjee
Author: Adam B. Cox
Author: Hiroshi Motomura
Author: Jeffrey Rosen
Author: Fred Barnes
Author: Ivan Eland
Author: Louis Fisher
Author: Bob Bauer
Author: W. Taylor Reveley