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The Forgotten Presidents
In The Constitutional Legacy of Forgotten Presidents, eminent constitutional scholar Michael Gerhardt tells the stories of thirteen presidents whom most Americans do not remember and scholars think had no constitutional impact, among them Chester Arthur, Martin Van Buren, and William Howard Taft. As Gerhardt shows, our forgotten presidents played crucial roles in laying some of the groundwork followed by Lincoln and other modern presidents, as well as providing examples for future lawmakers of constitutional choices to avoid.
The Federal Impeachment Process
Michael Gerhard examines the likely political and constitutional consequences of President Clinton's impeachment and trial. Placing the President's acquittal in historical perspective he argues that it is consistent with the process as it has evolved over the last two centuries.
Lincoln's Mentors
A brilliant and novel examination of how Abraham Lincoln mastered the art of leadership “Abraham Lincoln had less schooling than all but a couple of other presidents, and more wisdom than every one of them. In this original, insightful book, Michael Gerhardt explains how this came to be." –H.W. Brands, Wall Street Journal In 1849, when Abraham Lincoln returned to Springfield, Illinois, after two seemingly uninspiring years in the U.S. House of Representatives, his political career appeared all but finished. His sense of failure was so great that friends worried about his sanity. Yet within a decade, Lincoln would reenter politics, become a leader of the Republican Party, win the 1860 pre...
Impeachment
Impeachment: What Everyone Needs to Know(R) is the step back and deep reflection on the law of impeachment that everyone needs now. Written in an accessible and lively question-and-answer format, it offers a timely explanation of the impeachment process from its very meaning to its role in politics today. The book defines the scope of impeachable offenses, and how the Constitution provides alternative procedures and sanctions for addressing misconduct in office. It explains why the only two presidential impeachments, those of Andrew Johnson and Bill Clinton, failed to lead to conviction, and how the impeachments of federal judges illuminate the law and politics of the process. As a legal expert and the only joint witness in the impeachment proceedings against President Clinton, author Michael J. Gerhardt also explores a question frequently asked-will Donald Trump be impeached? This book does not take a side in the debate over the possible impeachment of the president; instead, it is a primer for anyone eager to learn about impeachment's origins, practices, limitations, and alternatives.
The Power of Precedent
The author connects the vast social science data and legal scholarship to provide a wide-ranging assessment of precedent. He outlines the major issues in the continuing debates on the significance of precedent and evenly considers all sides.
The Federal Appointments Process
The history of how judges and others get appointed to federal positions, and the politcal jockeying that has always accompanied the process.
The Power of Precedent
The role that precedent plays in constitutional decision making is a perennially divisive subject among scholars of law and American politics. The debate rages over both empirical and normative aspects of the issue: To what extent are the Supreme Court, Congress, and the executive branch constrained by precedent? To what extent should they be? Taking up a topic long overdue for comprehensive treatment, Michael Gerhardt connects the vast social science data and legal scholarship to provide the most wide-ranging assessment of precedent in several decades. Updated to reflect recent legal cases, The Power of Precedent clearly outlines the major issues in the continuing debates on the significanc...
Settled Versus Right
This book analyzes the theoretical nuances and practical implications of how judges use precedent.
Comparative Constitutional Law
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
A Warren Court of Our Own
"While the expansion of individual rights by the United States Supreme Court under Chief Justice Earl Warren has been the subject of extensive academic commentary, very little has been written about the Exum Court in North Carolina. The dearth of scholarship on this subject is unfortunate because Jim Exum's tenure as chief justice-like Warren's-constituted an unprecedented era of judicial boldness. This book is based primarily on a detailed review of the Exum Court's body of cases and over 45 interviews with the surviving justices from that era of the court, law clerks, practitioners, and members of North Carolina's legal academy. In addition, it draws upon contemporaneous interviews of the ...
