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Judicial Nomination Statistics
This book presents statistics regarding procedural actions taken on US district and circuit court nominations for the period January 4, 1977 through 2002. Among other things, the statistics for the 1977-2002 period show: Over the course of five successive presidencies, the senate confirmation percentage for circuit court nominations has declined. The great majority of each President's nominations have either been confirmed or returned. An average of seven nominations per President have been withdrawn. One nomination has been disapproved by a senate vote. The confirmation percentage for district and circuit court nominations combined was greater than 60% for every congressional session from 1...
Executive Privilege
This book provides an in-depth history and analysis of executive privilege from President Nixon to President Obama, and its relation to the proper scope and limits of presidential power.
The President's Czars
Faced with crises that would challenge any president, Barack Obama authorized "pay czar" Kenneth Feinberg to oversee the $20 billion fund for victims of the BP oil spill and to establish—and enforce—executive pay guidelines for companies that received $700 billion in federal bailout money. Feinberg's office comes with vastly expansive policy powers along with seemingly deep pockets; yet his position does not formally fit anywhere within our government's constitutional framework. The very word "czar" seems inappropriate in a constitutional republic, but it has come to describe any executive branch official who has significant authority over a policy area, works independently of agency or ...
The Unitary Executive Theory
“I have an Article II,” Donald Trump has announced, citing the US Constitution, “where I have the right to do whatever I want as president.” Though this statement would have come as a shock to the framers of the Constitution, it fairly sums up the essence of “the unitary executive theory.” This theory, which emerged during the Reagan administration and gathered strength with every subsequent presidency, counters the system of checks and balances that constrains a president’s executive impulses. It also, the authors of this book contend, counters the letter and spirit of the Constitution. In their account of the rise of unitary executive theory over the last several decades, the...
Advice and Dissent
For better or worse, federal judges in the United States today are asked to resolve some of the nation's most important and contentious public policy issues. Although some hold onto the notion that federal judges are simply neutral arbiters of complex legal questions, the justices who serve on the Supreme Court and the judges who sit on the lower federal bench are in fact crafters of public law. In recent years, for example, the Supreme Court has bolstered the rights of immigrants, endorsed the constitutionality of school vouchers, struck down Washington D.C.'s blanket ban on handgun ownership, and most famously, determined the outcome of the 2000 presidential election. The judiciary now is ...
Advice and Consent
From Louis Brandeis to Robert Bork to Clarence Thomas, the nomination of federal judges has generated intense political conflict. With the coming retirement of one or more Supreme Court Justices--and threats to filibuster lower court judges--the selection process is likely to be, once again, the center of red-hot partisan debate.In Advice and Consent, two leading legal scholars, Lee Epstein and Jeffrey A. Segal, offer a brief, illuminating Baedeker to this highly important procedure, discussing everything from constitutional background, to crucial differences in the nomination of judges and justices, to the role of the Judiciary Committee in vetting nominees. Epstein and Segal shed light on ...
The Assault on the State
What if the state as we know it didn’t exist? Our air would be poisonous, our votes uncounted, and our markets dysfunctional. Yet across the world, in countries as diverse as Hungary, Israel, the U.K., and the U.S., attacks on the modern state and its workforce are intensifying. They are morphing into power grabs by self-aggrandizing politicians who attempt to seize control of the state for themselves and their cronies. What replaces the modern state once it is fatally undermined is not the free market and the flowering of personal liberty. Instead, the death of government agencies organized under the rule of law inevitably leads to the only realistic alternative: the rule of men. In the A...
Testing the Limits
This collaboration of distinguished presidential scholars offers one of the first book-length post-presidency analyses of President George W. Bush and his policies. Mark J. Rozell and Gleaves Whitney have assembled a varied list of contributors from both ends of the political spectrum, bringing together academics and professionals to provide a glimpse into the politics and policies that defined President George W. Bush's presidency. Testing the Limits discusses all aspects of the Bush policy and administration, from staff appointments to foreign and domestic policy to budgetary politics. Readers will gain an important perspective on the controversial forty-third president of the United States as contributors analyze the expansion of presidential powers during Bush's presidency, the increased influence of the vice president, the politicization of federal court appointments, and the development of executive privilege and presidential secrecy. Book jacket.
The Law of the Executive Branch
The Law of the Executive Branch: Presidential Power places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. Each provision of the US Constitution is analyzed to reveal its contemporary meaning and in concert with the application of presidential power.
Law and Law Enforcement Issues
This book presents important issues and developments in the law and law enforcement field including both federal and international laws and law enforcement.
