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Legal scholar Peter M. Shane confronts U.S. presidential entitlement and offers a more reasonable way of conceptualizing our constitutional presidency in the twenty-first century. In the eyes of modern-day presidentialists, the United States Constitution’s vesting of “executive power” means today what it meant in 1787. For them, what it meant in 1787 was the creation of a largely unilateral presidency, and in their view, a unilateral presidency still best serves our national interest. Democracy’s Chief Executive challenges each of these premises, while showing how their influence on constitutional interpretation for more than forty years has set the stage for a presidency ripe for au...
"Why do American political leaders regularly invoke the Founding Fathers, and what are the effects of their doing so? The author of this book links this rhetorical strategy to the rise of patriarchal white supremacy and Christian nationalism in the modern United States"--
Dramatic issues of presidential power and executive accountability to both courts and Congress have pervaded the news for at least the last half-century. Political polarization and the election in 2016 of an "outsider" president intent on disrupting conventional governance norms have generated a seemingly unprecedented volume of new legal controversies. This updated edition addresses both separation of powers questions of long standing and many of the hot issues arising in the later Obama years and the early months of the Trump Administration. The authors have wholly revised the text's exploration of the President's "faithful execution of the laws" obligations, significantly expanded the mat...
This ebook issue of the Harvard Law Review is May 2011. Contents of Volume 124, Number 7 include: Article, "Article III and the Scottish Judiciary," by James E. Pfander and Daniel D. Birk Book Review, "Constitutional Alarmism," by Trevor W. Morrison Note, "A Justification for Allowing Fragmentation in Copyright" Note, "Taxing Partnership Profits Interests: The Carried Interest Problem" Recent Case, "Corporate Law — Principal’s Liability for Agent’s Conduct" Recent Case, "Administrative Law — Retroactive Rules" Recent Case, "Federal Preemption of State Law — Implied Preemption" Recent Case, "Labor Law — LMRA" Recent Legislation, "Corporate Law — Securities Regulation" Recent Publications
Editors Richard J. Ellis and Michael Nelson have once again assembled a cadre of top presidential scholars to offer a series of pro/con essays that will inspire spirited debate in Debating the Presidency: Debating the Presidency: Conflicting Perspectives on the American Executive, Fourth Edition offers a compelling yet concise view of contemporary topics relevant to the American executive. Each pair of debate-resolution style essays is written specifically for this volume, and offers a compelling yet concise view of a topic relevant to the American executive. Editors Richard Ellis and Michael Nelson offer brief chapter introductions that provide context. In this edition, several new arguments are presented on topics such as executive orders (Pro: Gene Healy, Con: Andrew Rudalevige); abolishment of the vice presidency (Pro: Douglas L. Kriner, Con: Joel K. Goldstein); and the effect of new media on the public’s view of the presidency (Pro: Matthew R. Kerbel, Con: Jeffrey E. Cohen).