In the fourth of the Federalist Papers, published in 1787, John Jay warned of absolute monarchs who "will often make war when their nations are to get nothing by it." More than two centuries later, are single executives making unilateral decisions any more trustworthy? And have the checks on executive power, so critical in the Founders' drafting of the Constitution, held? These are the questions Louis Fisher pursues in this book.
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"Fisher argues, too much power has shifted to one of Pennsylvania Avenue-but much of the blame lies at the other end."-Perspectives on Politics "Rife with constitutional history highlighting the original design and the adoration of executive power by scholars and judicial sanctioning of independent executive vigor over developmental time, to scrutinizing major presidential war decisions, this book is a significant new addition to constitutional theory."--Law and Politics Book Review.
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"In the fourth of the Federalist Papers, published in 1787, John Jay warned of absolute monarchs who "will often make war when their nations are to get nothing by it." More than two centuries later, are single executives making unilateral decisions any more trustworthy? And have the checks on executive power, so critical in the Founders' drafting of the Constitution, held? These are the questions Louis Fisher pursues in this book. By examining the executive actions of American presidents, particularly after World War II, Fisher reveals how the Supreme Court, through errors and abdications, has expanded presidential power in external affairs beyond constitutional boundaries—and damaged the nation's system of checks and balances. Supreme Court Expansion of Presidential Power reviews the judicial record from 1789 to the present day to show how the balance of power has shifted over time. For nearly a century and a half, the Supreme Court did not indicate a preference for which of the two elected branches should dominate in the field of external affairs. But from the mid-thirties a pattern clearly emerges, with the Court regularly supporting independent presidential power in times of "emergency," or issues linked to national security. The damage this has done to democracy and constitutional government is profound, Fisher argues. His evidence extends beyond external affairs to issues of domestic policy, such as impoundment of funds, legislative vetoes, item-veto authority, presidential immunity in the Paula Jones case, recess appointments, and the Obama administration's immigration initiatives. Fisher identifies contemporary biases that have led to an increase in presidential power--including Supreme Court misconceptions and errors, academic failings, and mistaken beliefs about "inherent powers" and "unity of office." Calling to account the forces tasked with protecting our democracy from the undue exercise of power by any single executive, his deeply informed book sounds a compelling alarm. "--
Judging the three branches -- Founding principles -- The rights of blacks -- The rights of women -- The rights of children-- Protecting religious liberty -- The rights of Native Americans -- Strengthening U.S. democracy
"In this slender volume, Fisher has written a fascinating and thoroughly researched analysis of Congress as a vital protector of individual rights."--Law Library Journal "A valuable book, engagingly written in language accessible to lawyers, graduate students, and undergrads alike; indeed, as assigned reading it would deepen students' understanding of the complexity of legal and social change."--Congress & the Presidency.
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Each year billions of dollars are diverted by the President and his assistants from the purposes for which Congress intended them. Billions more are used in confidential and covert ways, without the knowledge of Congress and the public. Here is the first account of how this money is actually spent. Louis Fisher writes: ""When it comes to the administration of the budget, we find nothing that is obvious, very little that is visible. Our priorities here are peculiar. We fix upon the appropriations process, watching with great fascination as Congress goes about its business of making funds avai
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"An authoritative book on an issue that goes to the heart of what the Constitution says and whether it still has a controlling influence on our national life."-New York Times Book Review "An intelligent and convincing contribution to the debate over our form of government."-Washington Post Book World "Should be read by all Americans interested in the political well-being of their country."-Presidential Studies Quarterly "An essential volume for all libraries."-Choice "Fisher's fundamental point is compelling: the power to commence war was given to the Congress under the Constitution and should remain there."-Yale Law Review "Trenchant, provocative, and powerful, with lean and lucid prose."-American Political Science Review "Should be required reading on Capitol Hill and in the White House as well as in classrooms."-Political Science Quarterly.
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