Thomas Jefferson And Executive Power
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Thomas Jefferson And Executive Power
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Author : Jeremy D. Bailey
language : en
Publisher: Cambridge University Press
Release Date : 2007-07-09
Thomas Jefferson And Executive Power written by Jeremy D. Bailey and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07-09 with Political Science categories.
By revisiting Thomas Jefferson's understanding of executive power this book offers a new understanding of the origins of presidential power. Before Jefferson was elected president, he arrived at a way to resolve the tension between constitutionalism and executive power. Because his solution would preserve a strict interpretation of the Constitution as well as transform the precedents left by his Federalist predecessors, it provided an alternative to Alexander Hamilton's understanding of executive power. In fact, a more thorough account of Jefferson's political career suggests that Jefferson envisioned an executive that was powerful, or 'energetic', because it would be more explicitly attached to the majority will. Jefferson's Revolution of 1800, often portrayed as a reversal of the strong presidency, was itself premised on energy in the executive and was part of Jefferson's project to enable the Constitution to survive and even flourish in a world governed by necessity.
The Unitary Executive
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Author : Steven G. Calabresi
language : en
Publisher: Yale University Press
Release Date : 2008-10-01
The Unitary Executive written by Steven G. Calabresi and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-10-01 with Biography & Autobiography categories.
This book is the first to undertake a detailed historical and legal examination of presidential power and the theory of the unitary executive. This theory--that the Constitution gives the president the power to remove and control all policy-making subordinates in the executive branch--has been the subject of heated debate since the Reagan years. To determine whether the Constitution creates a strongly unitary executive, Steven G. Calabresi and Christopher S. Yoo look at the actual practice of all forty-three presidential administrations, from George Washington to George W. Bush. They argue that all presidents have been committed proponents of the theory of the unitary executive, and they explore the meaning and implications of this finding.
The Discretionary President
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Author : Benjamin A. Kleinerman
language : en
Publisher:
Release Date : 2009
The Discretionary President written by Benjamin A. Kleinerman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
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 Idea Of Presidential Representation
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Author : Jeremy D. Bailey
language : en
Publisher: University Press of Kansas
Release Date : 2019-07-23
The Idea Of Presidential Representation written by Jeremy D. Bailey and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-23 with Political Science categories.
Does the president represent the entire nation? Or does he speak for core partisans and narrow constituencies? The Federalist Papers, the electoral college, history and circumstance from the founders’ time to our own: all factor in theories of presidential representation, again and again lending themselves to different interpretations. This back-and-forth, Jeremy D. Bailey contends, is a critical feature, not a flaw, in American politics. Arriving at a moment of great debate over the nature and exercise of executive power, Bailey’s history offers an invaluable, remarkably relevant analysis of the intellectual underpinnings, political usefulness, and practical merits of contending ideas of presidential representation over time. Among scholars, a common reading of political history holds that the founders, aware of the dangers of demagogy, created a singularly powerful presidency that would serve as a check on the people’s representatives in Congress; then, this theory goes, the Progressives, impatient with such a counter-majoritarian approach, reformed the presidency to better reflect the people’s will—and, they reasoned, advance the public good. The Idea of Presidential Representation challenges this consensus, offering a more nuanced view of the shifting relationship between the president and the American people. Implicit in this pattern, Bailey tells us, is another equivocal relationship—that between law and public opinion as the basis for executive power in republican constitutionalism. Tracing these contending ideas from the framers time to our own, his book provides both a history and a much-needed context for our understanding of presidential representation in light of the modern presidency. In The Idea of Presidential Representation Bailey gives us a new and useful sense of an enduring and necessary feature of our politics.
The Constitutional Principles Of Thomas Jefferson
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Author : Caleb Perry Patterson
language : en
Publisher:
Release Date : 1967
The Constitutional Principles Of Thomas Jefferson written by Caleb Perry Patterson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1967 with Constitutional law categories.
Crisis And Command
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Author : John Yoo
language : en
Publisher: Kaplan Publishing
Release Date : 2010-01-05
Crisis And Command written by John Yoo and has been published by Kaplan Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-05 with History categories.
An American President faces war and finds himself hamstrung by a Congress that will not act. To protect national security, he invokes his powers as Commander-in-Chief and orders actions that seem to violate laws enacted by Congress. He is excoriated for usurping dictatorial powers, placing himself above the law, and threatening to “breakdown constitutional safeguards.” One could be forgiven for thinking that the above describes former President George W. Bush. Yet these particular attacks on presidential power were leveled against Franklin D. Roosevelt. They could just as well describe similar attacks leveled against George Washington, Thomas Jefferson, Andrew Jackson, Abraham Lincoln and a number of other presidents challenged with leading the nation through times of national crisis. However bitter, complex, and urgent today’s controversies over executive power may be, John Yoo reminds us they are nothing new. In Crisis and Command, he explores a factor too little consulted in current debates: the past. Through shrewd and lucid analysis, he shows how the bold decisions made by Washington, Jefferson, Jackson, Lincoln, and FDR changed more than just history; they also transformed the role of the American president. The link between the vigorous exercise of executive power and presidential greatness, Yoo argues, is both significant and misunderstood. He makes the case that the founding fathers deliberately left the Constitution vague on the limits of presidential authority, drawing on history to demonstrate the benefi ts to the nation of a strong executive office.
The Contested Removal Power 1789 2010
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Author : J. David Alvis
language : en
Publisher: University Press of Kansas
Release Date : 2013-09-10
The Contested Removal Power 1789 2010 written by J. David Alvis and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-10 with Political Science categories.
The U.S. Constitution is clear on the appointment of executive officials: the president nominates, the Senate approves. But on the question of removing those officials, the Constitution is silent—although that silence has not discouraged strenuous efforts to challenge, censure, and even impeach presidents from Andrew Jackson to Bill Clinton. As J. David Alvis, Jeremy D. Bailey, and Flagg Taylor show, the removal power has always been and continues to be a thorny issue, especially as presidential power has expanded dramatically during the past century. Linking this provocative issue to American political and constitutional development, the authors recount removal power debate from the Founding to the present day. Understanding the historical context of outbreaks in the debate, they contend, is essential to sorting out the theoretical claims from partisan maneuvering and sectional interests, enabling readers to better understand the actual constitutional questions involved. After a detailed review of the Decision of 1789, the book examines the initial assertions of executive power theory, particularly by Thomas Jefferson and Andrew Jackson, then the rise of the argument for congressional delegation, beginning with the Whigs and ending with the impeachment of Andrew Johnson. The authors chronicle the return of executive power theory in the efforts of Presidents Grant, Hayes, Garfield, and Cleveland, who all battled with Congress over removals, then describe the emergence of new institutional arrangements with the creation of independent regulatory commissions. They conclude by tracking the rise of the unitarians and the challenges that this school has posed to the modern administrative state. Although many scholars consider the matter to have been settled in 1789, the authors argue that a Supreme Court case as recent as 2010—Free Enterprise Fund v. Public Company Accounting Oversight Board—shows the extent to which questions surrounding removal power remain unresolved and demand more attention. Their work offers a more nuanced and balanced account of the debate, teasing out the logic of the different institutional perspectives on this important constitutional question as no previous book has.
The Failure Of The Founding Fathers
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Author : Bruce ACKERMAN
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30
The Failure Of The Founding Fathers written by Bruce ACKERMAN and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-30 with History categories.
Based on seven years of archival research, the book describes previously unknown aspects of the electoral college crisis of 1800, presenting a revised understanding of the early days of two great institutions that continue to have a major impact on American history: the plebiscitarian presidency and a Supreme Court that struggles to put the presidency's claims of a popular mandate into constitutional perspective. Through close studies of two Supreme Court cases, Ackerman shows how the court integrated Federalist and Republican themes into the living Constitution of the early republic.
The Administrative Theories Of Hamilton Jefferson
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Author : Lynton Keith Caldwell
language : en
Publisher: Holmes & Meier Publishers
Release Date : 1988
The Administrative Theories Of Hamilton Jefferson written by Lynton Keith Caldwell and has been published by Holmes & Meier Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Biography & Autobiography categories.
An expanded and revised study of the administration rivalry and conflict between Alexander Hamilton and Thomas Jefferson examining their ideals, changes in their viewpoints, and resolutions to many paradoxes.
Imperial From The Beginning
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Author : Saikrishna Bangalore Prakash
language : en
Publisher: Yale University Press
Release Date : 2015-01-01
Imperial From The Beginning written by Saikrishna Bangalore Prakash and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-01 with Law categories.
Eminent scholar Saikrishna Prakash offers the first truly comprehensive study of the original American presidency. Drawing from a vast range of sources both well known and obscure, this volume reconstructs the powers and duties of the nation's chief executive at the Constitution's founding. Among other subjects, Prakash examines the term and structure of the office of the president, as well as the president's power as constitutional executor of the law, authority in foreign policy, role as commander in chief, level of control during emergencies, and relationship with the Congress, the courts, and the states. This ambitious and even-handed analysis counters numerous misconceptions about the presidency and fairly demonstrates that the office was seen as monarchical from its inception.