The imperial presidency and the Constitution / edited by Gary J. Schmitt, Joseph M. Bessette, and Andrew E. Busch.
2017
KF5050 .I47 2017 (Map It)
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Title
The imperial presidency and the Constitution / edited by Gary J. Schmitt, Joseph M. Bessette, and Andrew E. Busch.
Published
Lanham ; Boulder ; New York ; London : Rowman & Littlefield, [2017]
Copyright
©2017
Call Number
KF5050 .I47 2017
ISBN
9781538101025 (hardback ; alkaline paper)
1538101025 (hardback ; alkaline paper)
9781538101032 (electronic)
1538101025 (hardback ; alkaline paper)
9781538101032 (electronic)
Description
v, 178 pages ; 24 cm
System Control No.
(OCoLC)961010347
Summary
"Time and again, in recent years, the charge has been made that sitting presidents have behaved 'imperially,' employing authorities that break the bounds of law and the Constitution. It is now an epithet used to describe presidencies of both parties. The Imperial Presidency and the Constitution examines this critical issue from a variety of perspectives: analyzing the president's role in the administrative state, as commander-in-chief, as occupant of the modern 'Bully Pulpit,' and, in separate essays, addressing recent presidents' relationship with Congress and the Supreme Court. The volume also deepens the discussion by taking a look back at Abraham Lincoln's expansive use of executive power during the Civil War where the tension between law and necessity were at their most extreme, calling into question the 'rule of law' itself. The volume concludes with an examination of how the Constitution's provision of both 'powers and duties' for the president can provide a road map for assessing the propriety of executive behavior"--Back cover.
Note
"Edited by" statement from front cover.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Edith L. Fisch Fund
Gift

The Arthur W. Diamond Law Library
Purchased from the income of the Edith L. Fisch Fund
Table of Contents
Introduction / Andrew E. Busch
1
1.
Lincoln: An Imperial President? / David K. Nichols
5
2.
Administrative State and the Imperial Presidency: Then and Now / Adam J. White
23
3.
Constitutional Structure, Political History, and the Invisible Congress / Andrew Rudalevige
51
4.
Can the Supreme Court Check Abuses of Executive Power? / Ralph A. Rossum
75
5.
Going to War: The Constitutional and Strategic Roots of the Imperial Presidency / Gary J. Schmitt
105
6.
Presidency and the New "Bully Pulpit" / James W. Ceaser
125
7.
Imperial Executive in Constitutional Democracy: Exploring the Powers--Duties Distinction / Joseph M. Bessette
145
Index
167
About the Editors and Contributors
175