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Why do unelected federal judges have so much power to make policy in the United States? Why were federal judges able to thwart apparent legislative victories won by labor organizations in the Lochner era? Most scholars who have addressed such questions assume that the answer lies in the judiciary's constitutionally guaranteed independence, and thus worry that insulated judges threaten democracy when they stray from baseline positions chosen by legislators. This book argues for a fundamental shift in the way scholars think about judicial policy-making. Scholars need to notice that legislators also empower judges to make policy as a means of escaping accountability. This study of legislative deference to the courts offers a dramatic reinterpretation of the history of twentieth-century labor law and shows how attention to legislative deferrals can help scholars to address vexing questions about the consequences of judicial power in a democracy.
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
This comprehensive case law book examines the evolution of judicial interpretation of the scope and limitations of presidential power. From interbranch struggles for power, to presidential selection, to campaign financing, to war powers, hardly an issue arises for the modern presidency that does not eventually find itself framed as a legal problem to be addressed by the courts. Each section provides an introduction providing background and framework for students. Throughout, the analysis is informed by the view that court decisions are framed by legal arguments and constitute legal issuances and are also framed by politics, and have profound political consequences. Coinciding with a broader intellectual and disciplinary return to institutions and law as key to understanding the presidency and modern politics, this book will find special favour among scholars who teach courses on the presidency and related areas.
The new edition of this comprehensive, two-volume reference has been thoroughly revised and expanded by expert CQ Press writers—with years of experience covering Congress—to offer a complete institutional history of Congress along with updated insight and analysis on the 2008 and 2010 shifts in power of the U.S. Senate and House of Representatives. The 35 chapters of Guide to Congress, Seventh Edition, are divided into eight subject areas that cover all aspects of the U.S. Congress: Origins and Development of Congress, from the constitutional beginnings of the legislative branch to the histories of the House and Senate and their power shifts, eras of partisanship and unity, influential leaders, and working relationships with presidents. New coverage includes analysis of the tug-of-war between House Democrats and the George W. Bush administration on Iraq war withdrawal timetables, updates on criminal investigations of House members including William J. Jefferson of Louisiana and Charles Rangel of New York, and analysis of the Tea Party Movement and new Republican majority. Powers of Congress, including powers to tax, spend, and borrow; to conduct foreign policy and investigations; to confirm and impeach; to regulate commerce; to amend the Constitution; and to select the president. Updated material includes analysis of the George W. Bush administration’s use of immunity from questioning by congressional committees, analysis of the signing of the new START treaty with Russia—marking a cornerstone of U.S. relations with the country, coverage of the War on Terror—including the killing of bin Laden in a U.S. raid in Pakistan, and perspective on the negotiations to raise the federal debt ceiling in 2011. Congressional Procedures, detailing the party and leadership structures; rules and the legislative process; the committee system, assignment, and procedures; and congressional staff. Revised coverage profiles the methods, styles, and legislative successes and defeats of House Speakers Pelosi and Boehner and Senate majority leader Reid. The Guide also analyzes the new hpyerpartisanship emerging in Congress and provides updates on congressional travel reforms and aide statistics and trends. Pressures on Congress, including influence from constituents, political parties, the president, the Supreme Court, lobbyists, and the media. New material explores the use of social media to communicate with constituents, examines the role of the new Consumer Financial Protection Bureau, and analyzes the Obama administration’s relationship with Congress. Housing and Support, covering the U.S. Capitol, House and Senate office buildings, the Library of Congress, and organizations such as the Government Accountability Office and the Congressional Research Service. Updates are provided on new initiatives by the Library of Congress and reforms to the General Accounting Office. Pay and Perquisites, including honoraria and allowances, franking and travel privileges, and other benefits. Updates include revised figures for congressional pay and benefits and analysis of efforts to control privately sponsored foreign travel. Congress and the Electorate, covering the right to vote, the demographic composition of congress, the role of parties in elections, campaign financing, and redistricting. New information discusses elections statistics in recent elections, the impact of third parties, Tea Party gains, and the creation of "super PACs" and 527 groups. Qualifications and conduct, detailing congressional ethics investigations and procedures for disciplining members. Updated coverage reviews ethics investigations, including the creation of the Office of Congressional Ethics. Specific investigations and outcomes are discussed, including the censure of Charles Rangel and disapproval of Joe Wilson’s outburst during a speech by President Obama. Volume 2 concludes with a selected bibliography and key reference materials: a list of all members of congress who have served since 1789; congressional election results; floor leaders and committee chairs; dates for sessions of congress; women, black, Asian, and Hispanic members; and many more. Boxed features, tables, and figures and a generous number of photos enhance the topical coverage of this definitive resource on Congress.