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
PRESIDENTS OPERATING UNDER THE LAW
LINCOLN’S EXERCISE OF POWER
RECONSIDERING STATE SECRETS
INSTITUTIONAL RIVALRIES IN PRESIDENTIAL WAR POWERS CASES: A POLITICAL PERSPECTIVE ON THE JURISPRUDENCE
I. AN OVERVIEW OF WAR POWERS JURISPRUDENCE
II. FORMALISM IN THE REALM OF JUDICIAL AUTHORITY
CIVIL LIBERTIES OR JUDICIAL POWER?
REVERSE EFFECT: CONGRESSIONAL AND JUDICIAL RESTRAINTS ON PRESIDENTIAL POWER
EXPANSION AND CONTRACTION – AND EXPANSION – OF PRESIDENTIAL POWER
THE WAR POWERS RESOLUTION OF 1973
OUTCOMES FROM OTHER FRAMEWORK LAWS
PATTERNS OF CONGRESSIONAL RESPONSE AND PRESIDENTIAL IMPLEMENTATION AND CONGRESSIONAL RESPONSE
PART II: EXAMINING THE USE OF PRESIDENTIAL POWER IN THE GEORGE W. BUSH ADMINISTRATION
CONGRESSIONAL ABDICATION AND THE CULTOF THE PRESIDENCY
CONGRESS’S ROLE IN THE ORIGINAL DESIGN
CONGRESSIONAL ABDICATION IN FOREIGN AFFAIRS
CONGRESSIONAL ABDICATION IN DOMESTIC AFFAIRS
THE FAILURE OF THE MADISONIAN VISION
TO BE (UNITARIAN) OR NOT TO BE (UNITARIAN): PRESIDENTIAL POWER IN THE GEORGE W. BUSH ADMINISTRATION
I. THE UNITARY EXECUTIVE: THEORY, ORIGINS, AND EVOLUTION
II. PRESIDENT GEORGE W. BUSH: UNITARIAN OR NOT?
“INVASION OF THE BODY SNATCHERS”: OBAMA AND THE UNITARY EXECUTIVE
BUREAUCRATIC CONTROL AND THE FUTURE OF PRESIDENTIAL POWER
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
PART III: THE FUTURE OF PRESIDENTIAL POWER
HARM TO THE NATION FROM EXCESSIVE EXECUTIVE BRANCH SECRECY
SOME PERSPECTIVES ON THE GROWTH OF PRESIDENTIAL POWER
THREE EXAMPLES OF HARM THROUGH SECRETIVE DECISION-MAKING BY SMALL COTERIES OF LIKE-MINDED OFFICIALS
SOME OF THE HARMS OF SECRECY IN SHAPING DECISIONS
MORE GENERAL HARMS FROM EXCESSIVE SECRECY
A FEW WORDS ABOUT LINCOLN
CIVIC IGNORANCE AND THE RISE OF THE PRESIDENT-KING
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