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Provides the first comparative look into executive decree authority. It explains why presidents issue decrees and why checks and balances sometimes fail.
Although congressional investigations have provided some of the most dramatic moments in American political history, they have often been dismissed as mere political theater. But these investigations are far more than grandstanding. Investigating the President shows that congressional investigations are a powerful tool for members of Congress to counter presidential aggrandizement. By shining a light on alleged executive wrongdoing, investigations can exert significant pressure on the president and materially affect policy outcomes. Douglas Kriner and Eric Schickler construct the most comprehensive overview of congressional investigative oversight to date, analyzing nearly thirteen thousand days of hearings, spanning more than a century, from 1898 through 2014. The authors examine the forces driving investigative power over time and across chambers, identify how hearings might influence the president's strategic calculations through the erosion of the president’s public approval rating, and uncover the pathways through which investigations have shaped public policy. Put simply, by bringing significant political pressure to bear on the president, investigations often afford Congress a blunt, but effective check on presidential power—without the need to worry about veto threats or other hurdles such as Senate filibusters. In an era of intense partisan polarization and institutional dysfunction, Investigating the President delves into the dynamics of congressional investigations and how Congress leverages this tool to counterbalance presidential power.
Baumgartner, Kada, and thier contributors examine presidential impeachment in such varied settings as the United States, Russia, Colombia, Brazil, Venezuela, the Philippines, and Madagascar. In all of these countries there has been a serious impeachment attempt within the past decade or so. The results of each impeachment attempt vary, from unnsuccessful attempts to those which were successful; in the latter case, some resulted in presidents remaining in office, others in removal of the president, and, in one case, the forced resignation of a president. The common framework of each analysis includes a discussion of the historical and constitional bases of the presidency, the institutional balance of power, provisions for impeachment, and the structure of party politics in each country; in addition, the role that public opinion plays in the process is discussed. While broad, the framework permits comparison between the cases and some general conclusions about all phases of the impeachment process and executive accountability can be drawn. One of the most important conclusions is that contrary to popular wisdom, impeachment is most definitively not a strictly legal process, but rather one that is highly political from start to finish. As the volume makes clear, it is most useful to view impeachment by way of examining the intersection of executive-legislative relations, partisan political conflict, and public opinion.
The most comprehensive analysis of how the public views unilateral presidential power and why they punish presidents who use it.
Nearly five hundred times in the past century, American presidents have deployed the nation's military abroad, on missions ranging from embassy evacuations to full-scale wars. The question of whether Congress has effectively limited the president's power to do so has generally met with a resounding "no." In While Dangers Gather, William Howell and Jon Pevehouse reach a very different conclusion. The authors--one an American politics scholar, the other an international relations scholar--provide the most comprehensive and compelling evidence to date on Congress's influence on presidential war powers. Their findings have profound implications for contemporary debates about war, presidential power, and Congress's constitutional obligations. While devoting special attention to the 2003 invasion of Iraq, this book systematically analyzes the last half-century of U.S. military policy. Among its conclusions: Presidents are systematically less likely to exercise military force when their partisan opponents retain control of Congress. The partisan composition of Congress, however, matters most for proposed deployments that are larger in size and directed at less strategically important locales. Moreover, congressional influence is often achieved not through bold legislative action but through public posturing--engaging the media, raising public concerns, and stirring domestic and international doubt about the United States' resolve to see a fight through to the end.
This one-of-a-kind guide provides a crash course in the laws governing the President of the United States. In an engaging and accessible style, two law professors explain the principles that inform everything from President Washington's disagreements with Congress to President Trump's struggles with the courts, and more. Timely and to the point, this guide provides the essential information every informed civic participant needs to know about the laws that govern the president-and what those laws mean for those who want to make their voices heard.
Thirty years after the Church Committee unearthed COINTELPRO and other instances of illicit executive behavior on the domestic and international fronts, the Bush administration has elevated the flaws identified by the committee into first principles of government. Through a constellation of non-public laws and opaque, unaccountable institutions, the current administration has created a “secret presidency” run by classified presidential decisions and orders about national security. A hyperactive Office of Legal Counsel in the Department of Justice is intent on eliminating checks on presidential power and testing that power's limits. Decisions are routinely executed at senior levels within the civilian administration without input from Congress or the federal courts, let alone our international allies. Secret NSA spying at home is the most recent of these. Harsh treatment of detainees, “extraordinary renditions,” secret foreign prisons, and the newly minted enemy combatant designation have also undermined our values. The resulting policies have harmed counterterrorism efforts and produced few tangible results. With a partisan Congress predictably reluctant to censure a politically aligned president, it is all the more important for citizens themselves to demand disclosure, oversight, and restraint of sweeping claims of executive power. This book is the first step.
For this new edition, Louis Fisher has updated his arguments to include critiques of the Clinton & Bush presidencies, particularly the Use of Force Act, the Iraq Resolution of 2002, the 'preemption doctrine' of the current U.S. administration, & the order authorizing military tribunals.
Executive power in the shadow of legislative capacity -- Legislative capacity, executive action, and separation of powers -- 'Outmanned and outgunned' : the historical development of congressional capacity -- Pulling the purse strings : legislative capacity and discretion -- Continuous watchfulness? legislative capacity and oversight -- Presidential unilateral policy making -- Unilateral policy making in the U.S. states -- The future of legislative capacity.
This sterling collection of original, never-before-published essays on six fascinating contemporary presidents by some of the leading presidential biographers of our time is must reading for anyone interested in American politics, the history of the American presidency, or the lives of the presidents. Each essay -- extending and elaborating on lectures originally delivered as part of the Montgomery Lecture Series at Dartmouth University -- explores how a particular president came to power, wielded power, and was changed by power, and how each presidency affected the power of the office itself. The presidencies addressed are those of Roosevelt, Eisenhower, Kennedy, Johnson, Reagan, and Clinton. Published as our nation begins the process of electing the 43rd president, during a time when some believe the independence of the office itself is at stake, Power and the Presidency is a timely and thought-provoking look at the nature of power in American democracy.