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The Rhetorical Presidency
Modern presidents regularly appeal over the heads of Congress to the people at large to generate support for public policies. The Rhetorical Presidency makes the case that this development, born at the outset of the twentieth century, is the product of conscious political choices that fundamentally transformed the presidency and the meaning of American governance. Now with a new foreword by Russell Muirhead and a new afterword by the author, this landmark work probes political pathologies and analyzes the dilemmas of presidential statecraft. Extending a tradition of American political writing that begins with The Federalist and continues with Woodrow Wilson’s Congressional Government, The Rhetorical Presidency remains a pivotal work in its field.
Legacies of Losing in American Politics
This is a study of the losers in three major episodes in American political history and shows how their ideas ended up, at least partially, winning, in the long run. The authors consider the campaign of the anti-Federalists against the adoption of the Constitution; the failed presidency of Andrew Johnson; and the defeat of Barry Goldwater in 1964, as political losses that later heavily influenced American politics later. Sometimes the losers, because they articulate a vision of American government that resonates with some part of America, later contribute to a new political order. This is not an effort to explain winning or losing in American politics. Rather, it is intended to offer a new understanding of American political development as the product of a kind of dialectic between different political visions that have opposing ideas, particularly about the size and role of the federal government and about whether America is exclusively a liberal regime or one in which illiberal ideas on topics such as race, play an important role.
The Discretionary President
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.
The Presidency in the Constitutional Order
This classic collection of studies, first published in 1980, contributes to the revival of interest in the powers and duties of the American presidency. Unlike many previous books on the constitution and the president, the contributors to this volume are political scientists, not law professors. Accordingly, they display political scientists' concern with structures as well as power, with conflict between the branches of government as well as their functional separation, and with political prescription as well as legal analysis. Underlying the entire volume is a persistent attention to the nature of executive power and its particular manifestation in the American system. Part One introduces ...
The Constitutional Presidency
Since 1981, when Joseph M. Bessette and Jeffrey K. Tulis first published The Presidency in the Constitutional Order, the study of the constitutional powers of the presidency has advanced considerably. Bessette and Tulis continue the conversation almost 30 years later, presenting original research on the most significant issues regarding presidential power and the Constitution. After introducing and identifying the main approaches to the study of the constitutional presidency and the nature of executive power, Bessette and Tulis, along with other constitutional scholars, cover a wide range of topics. These include the logic and meaning of Article II of the Constitution; the constitutional and...
Getting to the Rule of Law
The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rul...
The Federalist Papers and Institutional Power In American Political Development
This book reconnects The Federalist Papers to the study of American politics and political development, arguing that the papers contain previously unrecognized theory of institutional power, a theory that enlarges and refines the contribution of the papers to political theory, but also reconnects the papers to the study of American politics.
In Chambers
Written by former law clerks, legal scholars, biographers, historians, and political scientists, the essays in In Chambers tell the fascinating story of clerking at the Supreme Court. In addition to reflecting the personal experiences of the law clerks with their justices, the essays reveal how clerks are chosen, what tasks are assigned to them, and how the institution of clerking has evolved over time, from the first clerks in the late 1800s to the clerks of Justice Ruth Bader Ginsburg and Chief Justice William Rehnquist. In Chambers offers a variety of perspectives on the unique experience of Supreme Court clerks. Former law clerks—including Alan M. Dershowitz, Charles A. Reich, and J. H...
War Powers
Armed interventions in Libya, Haiti, Iraq, Vietnam, and Korea challenged the US president and Congress with a core question of constitutional interpretation: does the president, or Congress, have constitutional authority to take the country to war? War Powers argues that the Constitution doesn't offer a single legal answer to that question. But its structure and values indicate a vision of a well-functioning constitutional politics, one that enables the branches of government themselves to generate good answers to this question for the circumstances of their own times. Mariah Zeisberg shows that what matters is not that the branches enact the same constitutional settlement for all conditions...
