President or King? Evaluating the Expansion of Executive Power from Abraham Lincoln to George W. Bush

Author: Meena Bose (Hofstra University   New York   USA)  

Publisher: Nova Science Publishers, Inc.‎

Publication year: 2013

E-ISBN: 9781620817773

Subject: D73/77 National Politics

Keyword: Presidency

Language: ENG

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Description

With the expansion of the federal government since the 1930s and the rise of the United States as a global power in the twentieth century, the need for a powerful president to direct American priorities and policies is clear. In times of national crisis, domestic and international focus on the president becomes even greater, with the widespread expectation that executive leadership is necessary to combat the challenge. The need for checks on that power by other institutions of American government, namely Congress and the courts, also is evident, though the balancing of presidential power typically has not developed in conjunction with its expansion. This edited volume analyzes the growth of presidential power from the Civil War era to the present, examining both emergency situations in wartime and developments in non-crisis periods.

Chapter

CONCLUSION

REFERENCES

PRESIDENTS OPERATING UNDER THE LAW

ABSTRACT

INTRODUCTION

EMERGENCY POWERS

LINCOLN’S EXERCISE OF POWER

THE BLOCKADE

SUSPENDING THE WRIT

INHERENT POWERS

THE BUSH ADMINISTRATION

MILITARY COMMISSIONS

DETAINING U.S. CITIZENS

DETAINEES AT GUANTANAMO

EXTRAORDINARY RENDITION

RECONSIDERING STATE SECRETS

NSA SURVEILLANCE

SECRET LAW

CONCLUSION

REFERENCES

INSTITUTIONAL RIVALRIES IN PRESIDENTIAL WAR POWERS CASES: A POLITICAL PERSPECTIVE ON THE JURISPRUDENCE

ABSTRACT

INTRODUCTION

I. AN OVERVIEW OF WAR POWERS JURISPRUDENCE

II. FORMALISM IN THE REALM OF JUDICIAL AUTHORITY

CIVIL LIBERTIES OR JUDICIAL POWER?

CONCLUSION

REFERENCES

REVERSE EFFECT: CONGRESSIONAL AND JUDICIAL RESTRAINTS ON PRESIDENTIAL POWER

ABSTRACT

EXPANSION AND CONTRACTION – AND EXPANSION – OF PRESIDENTIAL POWER

FRAMEWORK LEGISLATION

THE WAR POWERS RESOLUTION OF 1973

OUTCOMES FROM OTHER FRAMEWORK LAWS

PATTERNS OF CONGRESSIONAL RESPONSE AND PRESIDENTIAL IMPLEMENTATION AND CONGRESSIONAL RESPONSE

THE JUDICIAL RESPONSE

Cases from the 1970s Era

Recent Cases

CONCLUSION

REFERENCES

PART II: EXAMINING THE USE OF PRESIDENTIAL POWER IN THE GEORGE W. BUSH ADMINISTRATION

CONGRESSIONAL ABDICATION AND THE CULTOF THE PRESIDENCY

ABSTRACT

CONGRESS’S ROLE IN THE ORIGINAL DESIGN

CONGRESSIONAL ABDICATION IN FOREIGN AFFAIRS

CONGRESSIONAL ABDICATION IN DOMESTIC AFFAIRS

THE FAILURE OF THE MADISONIAN VISION

WHAT IS TO BE DONE?

THE AUDACITY OF HOPE?

REFERENCES

TO BE (UNITARIAN) OR NOT TO BE (UNITARIAN): PRESIDENTIAL POWER IN THE GEORGE W. BUSH ADMINISTRATION

ABSTRACT

I. THE UNITARY EXECUTIVE: THEORY, ORIGINS, AND EVOLUTION

Origins and Evolution

II. PRESIDENT GEORGE W. BUSH: UNITARIAN OR NOT?

“INVASION OF THE BODY SNATCHERS”: OBAMA AND THE UNITARY EXECUTIVE

CONCLUSION

REFERENCES

BUREAUCRATIC CONTROL AND THE FUTURE OF PRESIDENTIAL POWER

ABSTRACT

CREATING A “ZONE OF AUTONOMY”

NIXON’S “PLOT THAT FAILED”

THE REAGAN YEARS: THE PLOT THAT THICKENED

GEORGE W. BUSH: ADVANCING THE PLOT

BARACK AND BEYOND: THE FUTURE OF BUREAUCRATIC CONTROL

REFERENCES

PART III: THE FUTURE OF PRESIDENTIAL POWER

HARM TO THE NATION FROM EXCESSIVE EXECUTIVE BRANCH SECRECY

ABSTRACT

INTRODUCTION

SOME PERSPECTIVES ON THE GROWTH OF PRESIDENTIAL POWER

WHY DO WE CARE?

A LITTLE HISTORY

THREE EXAMPLES OF HARM THROUGH SECRETIVE DECISION-MAKING BY SMALL COTERIES OF LIKE-MINDED OFFICIALS

FOUR “WHAT IF” QUESTIONS

SOME OF THE HARMS OF SECRECY IN SHAPING DECISIONS

MORE GENERAL HARMS FROM EXCESSIVE SECRECY

A FEW WORDS ABOUT LINCOLN

REFERENCES

CIVIC IGNORANCE AND THE RISE OF THE PRESIDENT-KING

ABSTRACT

REFERENCES

CONCLUSION

CONCLUSION: WHY THE FUTURE OF PRESIDENTIAL POWER WILL RESEMBLE THE PAST

PART I: THE UNITARY EXECUTIVE

PART II: CRITIQUING THE UNITARY EXECUTIVE

PART III: THE OBAMA ADMINISTRATION AND THE UNITARY EXECUTIVE

REFERENCES

ABOUT THE CONTRIBUTORS

INDEX

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