![Supreme Court Expansion of Presidential Power: Unconstitutional Leanings](http://img.images-bn.com/static/redesign/srcs/images/grey-box.png?v11.9.4)
Supreme Court Expansion of Presidential Power: Unconstitutional Leanings
352![Supreme Court Expansion of Presidential Power: Unconstitutional Leanings](http://img.images-bn.com/static/redesign/srcs/images/grey-box.png?v11.9.4)
Supreme Court Expansion of Presidential Power: Unconstitutional Leanings
352eBook
Available on Compatible NOOK devices, the free NOOK App and in My Digital Library.
Related collections and offers
Overview
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.
Product Details
ISBN-13: | 9780700624683 |
---|---|
Publisher: | University Press of Kansas |
Publication date: | 07/28/2017 |
Sold by: | Barnes & Noble |
Format: | eBook |
Pages: | 352 |
File size: | 1 MB |
About the Author
Table of Contents
Preface
Note on Citations
1. Contemporary Biases
-Supreme Court Misconceptions-Academic Failings
-Conservatives Turn to Executive Power
-Careless, Erroneous Dicta
-Political Questions
-Inherent Powers
-Presidential “Unity”
2. Shaping Constitutional Principles, 1776-1870
-Framers’ Intent-Precedents from Washington to John Adams
-Unitary Executive Denied
-Jefferson’s Initiatives
-Wars Against England and Mexico
-Protecting Lives and Property
-Lincoln’s Precedents
-Suspending the Writ and the Blockade
3. Precedents from 1870 to 1935
-Immigration Policy-Spanish-American War
-Life and Property Actions
-World War I
-Teapot Dome Scandal
-President’s Removal Power
4. From 1936 to World War II
-The Issue in Curtiss-Wright-The Sole-Organ Doctrine
-Scholarly Evaluations
-Some Midcourse Judicial Adjustments
-Executive Agreements
5. World War II Cases
-Preparing for War
-Detroyers—Bases Deal
-Nazi Saboteur Case
-Treatment of Japanese Americans
6. After World War II and Korea
-C.&S. Air Lines v. Waterman Corp.-Deportation of Ellen Knauff
-The U.N. Charter
-Truman’s Initiative in Korea
-Steel Seizure Case
7. State Secrets Privilege
-Aaron Burr’s Trial-The Lincoln Spy Case
-A Lawsuit by Three Widows
-Scrutiny in the Lower Courts
-The Supreme Court Decides
-The Accident Report Becomes Public
-Continued Reliance
8. Eisenhower to Johnson
-Eisenhower’s Philosophy-Covert Actions Against Iran and Guatemala
-Area Resolutions
-Bay of Pigs and Groupthink
-Cuban Missile Crisis
-Involvement in Vietnam
-Tonkin Gulf Resolution
-Escalating the Vietnam War
9. Nixon-Ford Administrations
-National Commitments Resolution-Warrantless Domestic Surveillance
-Judicial Involvement on War Issues
-War Powers Resolution
-Publishing the Pentagon Papers
-Watergate Tapes
-Nixon’s Impoundment Actions
-Providing In Camera Inspection
10. Legislative Vetoes
-Early Precedents-Executive Reorganization Authority
-Greater Use of Committee Vetoes
-Carter’s Challenge to the Legislative Veto
-Striking Down Legislative Vetoes
-They Survive
-Carter’s Desert One
11. The Reagan-Bush I Years
-Military Actions-Gramm-Rudman Act
-Department of the Navy v. Egan
-Independent Counsels
-Iran-Contra Affair
-George H.W. Bush
12. Bill Clinton’s Presidency
-Military Initiatives-War in Kosovo
-Item-Veto Authority
-Paula Jones Case
-Trial and Investigation
-Impeachment
-Settlement and Civil Contempt
13. George W. Bush
-Statutory Authority-Military Tribunals
-Detaining U.S. Citizens
-Abu Ghraib
-Court Rulings in Hamdi and Rasul
-Military Action in Iraq
-Coalition Provisional Authority
-State Secrets Privilege
14. The Obama Administration
-State Secrets Privilege-Closing Guantanamo
-Military Intervention in Libya
-Syria and the Islamic State
-Recess Appointments
-Jerusalem Passport Case
-Immigration Initiatives
Conclusions
About the Author
Index of Cases
Index of Subjects