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Congress's Constitution
Cover -- Half Title -- Title -- Copyright -- Dedication -- Contents -- Acknowledgments -- Introduction -- PART ONE: SEPARATION-OF-POWERS MULTIPLICITY -- Prelude -- 1 Political Institutions in the Public Sphere -- 2 The Role of Congress -- PART TWO: CONGRESSIONAL HARD POWERS -- 3 The Power of the Purse -- 4 The Personnel Power -- 5 Contempt of Congress -- PART THREE: CONGRESSIONAL SOFT POWERS -- 6 The Freedom of Speech or Debate -- 7 Internal Discipline -- 8 Cameral Rules -- Conclusion: Toward a Normative Evaluation -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z
Legislation and Statutory Interpretation
Suitable for students or practitioners, this authoritative overview of the legislative process and statutory interpretation moves smoothly and understandably between the theoretical and the practical. It contains in-depth discussion of such topics as theories of legislation and representation, electoral and legislative structures, extrinsic sources for statutory interpretation, and substantive canons of statutory interpretation. Reap the benefits of the authors' experience, opinions, and insight and gain a working knowledge of the area.
Democracy's Privileged Few
Placing legislative privilege in historical context, Josh Chafetz compares the freedoms and protections of members of the United States Congress with those of Britain's Parliament.
Let the People Pick the President
“Wegman combines in-depth historical analysis and insight into contemporary politics to present a cogent argument that the Electoral College violates America’s ‘core democratic principles’ and should be done away with..." —Publishers Weekly The framers of the Constitution battled over it. Lawmakers have tried to amend or abolish it more than 700 times. To this day, millions of voters, and even members of Congress, misunderstand how it works. It deepens our national divide and distorts the core democratic principles of political equality and majority rule. How can we tolerate the Electoral College when every vote does not count the same, and the candidate who gets the most votes can...
What's the Matter with Kansas?
One of "our most insightful social observers"* cracks the great political mystery of our time: how conservatism, once a marker of class privilege, became the creed of millions of ordinary Americans With his acclaimed wit and acuity, Thomas Frank turns his eye on what he calls the "thirty-year backlash"—the populist revolt against a supposedly liberal establishment. The high point of that backlash is the Republican Party's success in building the most unnatural of alliances: between blue-collar Midwesterners and Wall Street business interests, workers and bosses, populists and right-wingers. In asking "what 's the matter with Kansas?"—how a place famous for its radicalism became one of th...
Taking Back the Constitution
How the Supreme Court’s move to the right has distorted both logic and the Constitution What Supreme Court justices do is far more than just “calling balls and strikes.” The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the justices’ impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved, from the liberalism of the New Deal and the Great Society to the Reagan conservatism that has been dominant since the 1980s. Looking at the current crossroads in the constitutional order, Tushnet explores the possibilities of either a Trumpian entrenchment of the most extreme ideas of the Reagan philosophy, or a dramatic and destabilizing move to the left. Wary of either outcome, he offers a passionate and informed argument for replacing judicial supremacy with popular constitutionalism—a move that would restore to the other branches of government a role in deciding constitutional questions.
The President Who Would Not Be King
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 th...
The Forgotten Presidents
Their names linger in memory mainly as punch lines, synonyms for obscurity: Millard Fillmore, Chester Arthur, Calvin Coolidge. They conjure up not the White House so much as a decaying middle school somewhere in New Jersey. But many forgotten presidents, writes Michael J. Gerhardt, were not weak or ineffective. They boldly fought battles over constitutional principles that resonate today. Gerhardt, one of our leading legal experts, tells the story of The Forgotten Presidents. He surveys thirteen administrations in chronological order, from Martin Van Buren to Franklin Pierce to Jimmy Carter, distinguishing political failures from their constitutional impact. Again and again, he writes, they ...
Commander in Chief
The constitutional balance of war powers has shifted from Congress to the president over time. Today, presidents broadly define their constitutional authority as commander in chief. In the nineteenth century, however, Congress was the institution that claimed and defended expansive war power authority. This discrepancy raises important questions: How, specifically, did Congress define the boundaries between presidential and congressional war powers in the early republic? Did that definition change, and if so, when, how, and why did it do so? Based on an original, comprehensive dataset of every congressional reference to the commander in chief clause from the Founding through 1917, Casey Domi...
The Toddler in Chief
“It may be cold comfort in this chaotic era, but Americans should know that there are adults in the room. . . . And we are trying to do what’s right even when Donald Trump won’t.”—An anonymous senior administrative official in an op-ed published in a New York Times op-ed, September 5, 2018 Every president faces criticism and caricature. Donald Trump, however, is unique in that he is routinely characterized in ways more suitable for a toddler. What’s more, it is not just Democrats, pundits, or protestors who compare the president to a child; Trump’s staffers, subordinates, and allies on Capitol Hill also describe Trump like a small, badly behaved preschooler. In April 2017, Dani...
