David G. Winter
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195335156
- eISBN:
- 9780199776955
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195335156.003.0014
- Subject:
- Psychology, Social Psychology
This chapter discusses research on the economic, political, and historical aspects of implicit motives. The integrated running manual for scoring implicit motives is cited as a methodological tool in ...
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This chapter discusses research on the economic, political, and historical aspects of implicit motives. The integrated running manual for scoring implicit motives is cited as a methodological tool in such studies. Implicit motives affect how people construe their social roles, as well as the satisfactions and vulnerabilities they derive from these roles. Implicit achievement motivation predicts improved entrepreneurial performance among individuals and for firms; however, it is often associated with frustration and failure in politics. The implicit power motive predicts successful political leadership, but is also associated with aggression and the escalation of crises to war. The chapter discusses the problem of taming power motivation and motivational aspects of globalization and climate change.Less
This chapter discusses research on the economic, political, and historical aspects of implicit motives. The integrated running manual for scoring implicit motives is cited as a methodological tool in such studies. Implicit motives affect how people construe their social roles, as well as the satisfactions and vulnerabilities they derive from these roles. Implicit achievement motivation predicts improved entrepreneurial performance among individuals and for firms; however, it is often associated with frustration and failure in politics. The implicit power motive predicts successful political leadership, but is also associated with aggression and the escalation of crises to war. The chapter discusses the problem of taming power motivation and motivational aspects of globalization and climate change.
Michael A. Bailey and Forrest Maltzman
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691151045
- eISBN:
- 9781400840267
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691151045.001.0001
- Subject:
- Law, Legal History
How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? This book combines new theoretical ...
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How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? This book combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. The book shows how two types of constraints have influenced the decision making of the modern Court. First, the book documents that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The book finds considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, it shows that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. This book shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.Less
How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? This book combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. The book shows how two types of constraints have influenced the decision making of the modern Court. First, the book documents that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The book finds considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, it shows that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. This book shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.
Saikrishna Bangalore Prakash
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780300194562
- eISBN:
- 9780300213416
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300194562.003.0008
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses the power of the president over offices and its appointed officers, and their function as part of the executive. While the U.S Constitution states that the Congress shall have ...
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This chapter discusses the power of the president over offices and its appointed officers, and their function as part of the executive. While the U.S Constitution states that the Congress shall have the discretion to create offices and determine the salaries and responsibilities of the appointed officers, the president has the authority to nominate and appoint an executive officer in an office with the counsel and consent of the Senate. The president can direct these officers' execution of the law and their actions related to foreign relations and defense. He also has the power to dismiss the officers at will. Once in office, executive officers should relieve the president of the burden of executive details and help exercise presidential powers. Without subordinates, the executive power is feckless and cannot possibly serve as an active force, since so few aspects of executive power can be exercised without the aid of others.Less
This chapter discusses the power of the president over offices and its appointed officers, and their function as part of the executive. While the U.S Constitution states that the Congress shall have the discretion to create offices and determine the salaries and responsibilities of the appointed officers, the president has the authority to nominate and appoint an executive officer in an office with the counsel and consent of the Senate. The president can direct these officers' execution of the law and their actions related to foreign relations and defense. He also has the power to dismiss the officers at will. Once in office, executive officers should relieve the president of the burden of executive details and help exercise presidential powers. Without subordinates, the executive power is feckless and cannot possibly serve as an active force, since so few aspects of executive power can be exercised without the aid of others.
Christopher S. Parker and Matt A. Barreto
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691163611
- eISBN:
- 9781400852314
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691163611.001.0001
- Subject:
- Political Science, American Politics
Are Tea Party supporters merely a group of conservative citizens concerned about government spending? Or are they racists who refuse to accept Barack Obama as their president because he's not white? ...
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Are Tea Party supporters merely a group of conservative citizens concerned about government spending? Or are they racists who refuse to accept Barack Obama as their president because he's not white? This book offers an alternative argument—that the Tea Party is driven by the reemergence of a reactionary movement in American politics that is fueled by a fear that America has changed for the worse. Providing a range of original evidence and rich portraits of party sympathizers as well as activists, the book shows that the perception that America is in danger directly informs how Tea Party supporters think and act. The afterword reflects on the Tea Party's recent initiatives, including the 2013 government shutdown, and evaluates their prospects for the 2016 election.Less
Are Tea Party supporters merely a group of conservative citizens concerned about government spending? Or are they racists who refuse to accept Barack Obama as their president because he's not white? This book offers an alternative argument—that the Tea Party is driven by the reemergence of a reactionary movement in American politics that is fueled by a fear that America has changed for the worse. Providing a range of original evidence and rich portraits of party sympathizers as well as activists, the book shows that the perception that America is in danger directly informs how Tea Party supporters think and act. The afterword reflects on the Tea Party's recent initiatives, including the 2013 government shutdown, and evaluates their prospects for the 2016 election.
Saikrishna Bangalore Prakash
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780300194562
- eISBN:
- 9780300213416
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300194562.003.0007
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses the president's power as commander in chief. The president may command the military as commander in chief. However, he has no constitutionally protected sphere of autonomy; ...
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This chapter discusses the president's power as commander in chief. The president may command the military as commander in chief. However, he has no constitutionally protected sphere of autonomy; rather, the Congress has almost complete authority over war and military matters. Only the Congress has the power to decide whether the nation will declare war. It also has control over the regulation of the armed forces and the system of military discipline. But even if the Congress tries to micromanage the military, the president has many ways to restrain its meddling. The chief executive may supersede whatever military discretion that the Congress chooses not to exercise. He may also delay or veto bills that regulate the military, nominate his military subordinates, and dismiss them at will.Less
This chapter discusses the president's power as commander in chief. The president may command the military as commander in chief. However, he has no constitutionally protected sphere of autonomy; rather, the Congress has almost complete authority over war and military matters. Only the Congress has the power to decide whether the nation will declare war. It also has control over the regulation of the armed forces and the system of military discipline. But even if the Congress tries to micromanage the military, the president has many ways to restrain its meddling. The chief executive may supersede whatever military discretion that the Congress chooses not to exercise. He may also delay or veto bills that regulate the military, nominate his military subordinates, and dismiss them at will.
Michael J. Glennon
- Published in print:
- 2014
- Published Online:
- October 2014
- ISBN:
- 9780190206444
- eISBN:
- 9780190206475
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190206444.003.0004
- Subject:
- Law, Public International Law, Constitutional and Administrative Law
This chapter describes the scant control Madisonian institutions actually exercise over national security matters. Judges are beholden to the Trumanites and normally dismiss challenges to Trumanite ...
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This chapter describes the scant control Madisonian institutions actually exercise over national security matters. Judges are beholden to the Trumanites and normally dismiss challenges to Trumanite policies without reaching the merits, and even when they do, the Trumanites almost always win (as in the Foreign Intelligence Surveillance Court, or FISC). Members of Congress are responsive to constituencies that exhibit little organized concern about secret security policies, leading members to defer to Trumanite threat assessments, neglect oversight, or overtly join forces with the Trumanite network. The President is more presider than decider, having been boxed in by Trumanites who dominate a bottom-up decision-making process and who present nominal policy options. NSA surveillance is a case in point, demonstrating the symbiotic relationship between the Trumanites and Madisonians, the Trumanites’ role as policy authors, presidential complaisance, judicial subservience, and congressional indifference.Less
This chapter describes the scant control Madisonian institutions actually exercise over national security matters. Judges are beholden to the Trumanites and normally dismiss challenges to Trumanite policies without reaching the merits, and even when they do, the Trumanites almost always win (as in the Foreign Intelligence Surveillance Court, or FISC). Members of Congress are responsive to constituencies that exhibit little organized concern about secret security policies, leading members to defer to Trumanite threat assessments, neglect oversight, or overtly join forces with the Trumanite network. The President is more presider than decider, having been boxed in by Trumanites who dominate a bottom-up decision-making process and who present nominal policy options. NSA surveillance is a case in point, demonstrating the symbiotic relationship between the Trumanites and Madisonians, the Trumanites’ role as policy authors, presidential complaisance, judicial subservience, and congressional indifference.
Saikrishna Bangalore Prakash
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780300194562
- eISBN:
- 9780300213416
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300194562.003.0009
- Subject:
- Law, Constitutional and Administrative Law
This chapter enumerates the important powers that the president does not possess. The president lacks authoritative crisis power, such as suspending habeas corpus or imposing martial law, to take ...
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This chapter enumerates the important powers that the president does not possess. The president lacks authoritative crisis power, such as suspending habeas corpus or imposing martial law, to take whatever measures deemed necessary in emergencies. Neither does the president have constitutional privileges and immunities to protect the executive branch, making it subject to judicial process. The lack of constitutional privilege also implies that the chief executive can even be prosecuted while in office. However, the U.S. Constitution permits Congress to ameliorate problems arising from the absence of executive privileges and immunities through the passing of statutes that may grant the chief executive emergency power, and presidential immunity.Less
This chapter enumerates the important powers that the president does not possess. The president lacks authoritative crisis power, such as suspending habeas corpus or imposing martial law, to take whatever measures deemed necessary in emergencies. Neither does the president have constitutional privileges and immunities to protect the executive branch, making it subject to judicial process. The lack of constitutional privilege also implies that the chief executive can even be prosecuted while in office. However, the U.S. Constitution permits Congress to ameliorate problems arising from the absence of executive privileges and immunities through the passing of statutes that may grant the chief executive emergency power, and presidential immunity.
Saikrishna Bangalore Prakash
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780300194562
- eISBN:
- 9780300213416
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300194562.003.0010
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses the extent to which the president can regulate the power of the Congress. The president has a duty to execute the laws legislated by the Congress. This responsibility has led ...
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This chapter discusses the extent to which the president can regulate the power of the Congress. The president has a duty to execute the laws legislated by the Congress. This responsibility has led some to regard the chief executive as something of a constitutionally established servant or page of Congress. However, the president's powers allow the president to shape the laws committed to the office's execution. The president can share information with the Congress and opine about the shortcomings of existing law, and also has a qualified veto power over legislation, giving great influence over the content of new laws. The president's role in the formation, alteration, and execution of legislation also gives rise to the complaint that the president would wield both legislative and executive power.Less
This chapter discusses the extent to which the president can regulate the power of the Congress. The president has a duty to execute the laws legislated by the Congress. This responsibility has led some to regard the chief executive as something of a constitutionally established servant or page of Congress. However, the president's powers allow the president to shape the laws committed to the office's execution. The president can share information with the Congress and opine about the shortcomings of existing law, and also has a qualified veto power over legislation, giving great influence over the content of new laws. The president's role in the formation, alteration, and execution of legislation also gives rise to the complaint that the president would wield both legislative and executive power.
Saikrishna Bangalore Prakash
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780300194562
- eISBN:
- 9780300213416
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300194562.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This book offers the first truly comprehensive study of the original American presidency. Drawing from a vast range of sources both well-known and obscure, the book reconstructs the powers and duties ...
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This book offers the first truly comprehensive study of the original American presidency. Drawing from a vast range of sources both well-known and obscure, the book reconstructs the powers and duties of the nation's chief executive at the Constitution's founding. Among other subjects, the author examines the term and structure of the office of the president, the president's power as constitutional executor of the law, foreign policy authority, role as commander in chief, authority during emergencies, and relations with the U.S. Congress, the courts, and the states. This ambitious and even-handed analysis counters numerous misconceptions about the presidency and fairly demonstrates that the office has long been regarded as monarchical.Less
This book offers the first truly comprehensive study of the original American presidency. Drawing from a vast range of sources both well-known and obscure, the book reconstructs the powers and duties of the nation's chief executive at the Constitution's founding. Among other subjects, the author examines the term and structure of the office of the president, the president's power as constitutional executor of the law, foreign policy authority, role as commander in chief, authority during emergencies, and relations with the U.S. Congress, the courts, and the states. This ambitious and even-handed analysis counters numerous misconceptions about the presidency and fairly demonstrates that the office has long been regarded as monarchical.
Harold Hongju Koh
- Published in print:
- 2020
- Published Online:
- October 2020
- ISBN:
- 9780197533154
- eISBN:
- 9780197534007
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780197533154.003.0003
- Subject:
- Law, Public International Law, Comparative Law
This chapter examines Section 313 of the Fourth Restatement of the Foreign Relations Law, regarding “Authority to Suspend, Terminate, or Withdraw from Treaties.” That provision states that “according ...
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This chapter examines Section 313 of the Fourth Restatement of the Foreign Relations Law, regarding “Authority to Suspend, Terminate, or Withdraw from Treaties.” That provision states that “according to established practice, the president has the authority to act on behalf of the United States in suspending or terminating U.S. treaty commitments and in withdrawing the United States from treaties.” While the reporters cautioned that this section currently applies only to Article II treaties, one of them recently wrote that “if presidents do have the legal authority to withdraw from Article II treaties, it is not clear why that authority would not extend to congressional-executive agreements” and presumably, other agreements as well. Donald Trump’s tumultuous presidency has called this broad supposition into question. Since 2017, the Trump administration has announced its withdrawal from a host of bilateral and multilateral arrangements. One could easily imagine this president and his lawyers misconstruing Section 313 as justifying a general power of the president to terminate, suspend, or withdraw from any and all international agreements to which the United States is a party. The chapter argues that no such power exists. The U.S. Constitution does not confer upon the president a general unilateral power of treaty termination. Nor can such a general unilateral power be derived from constitutional text, structure, or U.S. Supreme Court precedent.Less
This chapter examines Section 313 of the Fourth Restatement of the Foreign Relations Law, regarding “Authority to Suspend, Terminate, or Withdraw from Treaties.” That provision states that “according to established practice, the president has the authority to act on behalf of the United States in suspending or terminating U.S. treaty commitments and in withdrawing the United States from treaties.” While the reporters cautioned that this section currently applies only to Article II treaties, one of them recently wrote that “if presidents do have the legal authority to withdraw from Article II treaties, it is not clear why that authority would not extend to congressional-executive agreements” and presumably, other agreements as well. Donald Trump’s tumultuous presidency has called this broad supposition into question. Since 2017, the Trump administration has announced its withdrawal from a host of bilateral and multilateral arrangements. One could easily imagine this president and his lawyers misconstruing Section 313 as justifying a general power of the president to terminate, suspend, or withdraw from any and all international agreements to which the United States is a party. The chapter argues that no such power exists. The U.S. Constitution does not confer upon the president a general unilateral power of treaty termination. Nor can such a general unilateral power be derived from constitutional text, structure, or U.S. Supreme Court precedent.
Saikrishna Bangalore Prakash
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780300194562
- eISBN:
- 9780300213416
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300194562.003.0013
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses the president's constitutional duty to “preserve, protect, and defend” the U.S. Constitution. The Presidential Oath not only forbids presidential violation of the Constitution ...
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This chapter discusses the president's constitutional duty to “preserve, protect, and defend” the U.S. Constitution. The Presidential Oath not only forbids presidential violation of the Constitution but also imposes a duty of action. The president should strive to ensure that neither he nor his administration violates its provisions. He must defend the Constitution against the violations of others by vetoing unconstitutional congressional legislation, and declining to reinforce unconstitutional federal statutes. He must also criticize the judiciary's constitutional misconstructions, and hinder and obstruct the states' and private parties' unconstitutional designs and measures. However, the president lacks the ability to impede unconstitutional legislation since the Constitution does not grant the president all the resources that might be useful for defending it.Less
This chapter discusses the president's constitutional duty to “preserve, protect, and defend” the U.S. Constitution. The Presidential Oath not only forbids presidential violation of the Constitution but also imposes a duty of action. The president should strive to ensure that neither he nor his administration violates its provisions. He must defend the Constitution against the violations of others by vetoing unconstitutional congressional legislation, and declining to reinforce unconstitutional federal statutes. He must also criticize the judiciary's constitutional misconstructions, and hinder and obstruct the states' and private parties' unconstitutional designs and measures. However, the president lacks the ability to impede unconstitutional legislation since the Constitution does not grant the president all the resources that might be useful for defending it.
Saikrishna Bangalore Prakash
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780300194562
- eISBN:
- 9780300213416
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300194562.003.0014
- Subject:
- Law, Constitutional and Administrative Law
This chapter clarifies certain aspects of executive power in the U.S. Constitution. A reading of Article II, Sections 2 and 3 suggests the president has little or no foreign affairs authority, except ...
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This chapter clarifies certain aspects of executive power in the U.S. Constitution. A reading of Article II, Sections 2 and 3 suggests the president has little or no foreign affairs authority, except for receiving ambassadors and making treaties. It also implies that the presidnt has no authority over civilian executives, except for the ability to demand written opinions from department heads on matters within their statutory purview. However, the article's unitary executive can be considered as elective monarch since it states that the president can pardon crimes, veto bills, appoint officers, control the military, and be re-elected by his electoral-college. The chapter concludes that no one can predict the presidency's future direction, except to say that there will be further drift, sometimes making the presidency more regal and other times less so.Less
This chapter clarifies certain aspects of executive power in the U.S. Constitution. A reading of Article II, Sections 2 and 3 suggests the president has little or no foreign affairs authority, except for receiving ambassadors and making treaties. It also implies that the presidnt has no authority over civilian executives, except for the ability to demand written opinions from department heads on matters within their statutory purview. However, the article's unitary executive can be considered as elective monarch since it states that the president can pardon crimes, veto bills, appoint officers, control the military, and be re-elected by his electoral-college. The chapter concludes that no one can predict the presidency's future direction, except to say that there will be further drift, sometimes making the presidency more regal and other times less so.
John M. Schuessler
- Published in print:
- 2015
- Published Online:
- August 2016
- ISBN:
- 9780801453595
- eISBN:
- 9781501701627
- Item type:
- book
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9780801453595.001.0001
- Subject:
- Political Science, Security Studies
This book examines how U.S. presidents have deceived the American public about fundamental decisions of war and peace. Deception has been deliberate, it suggests, as presidents have sought to shift ...
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This book examines how U.S. presidents have deceived the American public about fundamental decisions of war and peace. Deception has been deliberate, it suggests, as presidents have sought to shift blame for war onto others in some cases and oversell its benefits in others. The book views that such deceit is a natural outgrowth of the democratic process because elected leaders have powerful incentives to maximize domestic support for war and retain considerable ability to manipulate domestic audiences. They can exploit information and propaganda advantages to frame issues in misleading ways, cherry-pick supporting evidence, suppress damaging revelations, and otherwise skew the public debate to their benefit. These tactics are particularly effective before the outbreak of war, when the information gap between leaders and the public is greatest. When resorting to deception, leaders take a calculated risk that the outcome of war will be favorable, expecting the public to adopt a forgiving attitude after victory is secured. The three cases featured in the book—Franklin Roosevelt and World War II, Lyndon Johnson and the Vietnam War, and George W. Bush and the Iraq War—test these claims. The book concludes that democracies are not as constrained in their ability to go to war as we might believe and that deception cannot be ruled out in all cases as contrary to the national interest.Less
This book examines how U.S. presidents have deceived the American public about fundamental decisions of war and peace. Deception has been deliberate, it suggests, as presidents have sought to shift blame for war onto others in some cases and oversell its benefits in others. The book views that such deceit is a natural outgrowth of the democratic process because elected leaders have powerful incentives to maximize domestic support for war and retain considerable ability to manipulate domestic audiences. They can exploit information and propaganda advantages to frame issues in misleading ways, cherry-pick supporting evidence, suppress damaging revelations, and otherwise skew the public debate to their benefit. These tactics are particularly effective before the outbreak of war, when the information gap between leaders and the public is greatest. When resorting to deception, leaders take a calculated risk that the outcome of war will be favorable, expecting the public to adopt a forgiving attitude after victory is secured. The three cases featured in the book—Franklin Roosevelt and World War II, Lyndon Johnson and the Vietnam War, and George W. Bush and the Iraq War—test these claims. The book concludes that democracies are not as constrained in their ability to go to war as we might believe and that deception cannot be ruled out in all cases as contrary to the national interest.
Saikrishna Bangalore Prakash
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780300194562
- eISBN:
- 9780300213416
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300194562.003.0011
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses the president's implicit duty to execute judicial judgments, and describes the relationship between the executive and the judicial branch. The president must implement court ...
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This chapter discusses the president's implicit duty to execute judicial judgments, and describes the relationship between the executive and the judicial branch. The president must implement court judgments, even when viewing them as erroneous. The president's duty to execute judgments means not only that the president must honor judgments against the government, but the president must also execute judgments awarded in suits in which the government is not a party. The judiciary must be kept as isolated as possible from the executive because of the notion of separation of powers. However, the U.S. Constitution has never forbidden judges from serving in the executive branch or from offering advice to the president. Some federal judges have served as executive officers, negotiating treaties, or advising the executive.Less
This chapter discusses the president's implicit duty to execute judicial judgments, and describes the relationship between the executive and the judicial branch. The president must implement court judgments, even when viewing them as erroneous. The president's duty to execute judgments means not only that the president must honor judgments against the government, but the president must also execute judgments awarded in suits in which the government is not a party. The judiciary must be kept as isolated as possible from the executive because of the notion of separation of powers. However, the U.S. Constitution has never forbidden judges from serving in the executive branch or from offering advice to the president. Some federal judges have served as executive officers, negotiating treaties, or advising the executive.
Curtis A. Bradley
- Published in print:
- 2020
- Published Online:
- October 2020
- ISBN:
- 9780197533154
- eISBN:
- 9780197534007
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780197533154.003.0006
- Subject:
- Law, Public International Law, Comparative Law
This chapter focuses on the treaty-making process set forth in Article II of the U.S. Constitution, which requires that presidents obtain the advice and consent of two-thirds of the Senate. Some ...
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This chapter focuses on the treaty-making process set forth in Article II of the U.S. Constitution, which requires that presidents obtain the advice and consent of two-thirds of the Senate. Some scholars contend that, under modern law and practice, presidents can choose to conclude any international agreement by obtaining either ex ante authorization or ex post approval from a majority of Congress rather than obtaining the supermajority “advice and consent” of the Senate. If presidents in fact have this freedom of choice, there appears to be a puzzle: Why do they ever choose to use the Article II treaty process, which is more politically difficult than the executive agreement processes? To be sure, the use of the Article II process has been in decline, but the process is still used for some agreements, including in situations in which the process seems to make it more difficult for presidents to obtain approval of agreements that they support. A common answer to this puzzle is based on signaling theory: Using the Article II process, it is said, allows the president or the country to signal valuable information to potential treaty partners. This chapter argues that the signaling explanation is questionable and suggests that domestic legal and political factors better explain the continued use of the Article II process.Less
This chapter focuses on the treaty-making process set forth in Article II of the U.S. Constitution, which requires that presidents obtain the advice and consent of two-thirds of the Senate. Some scholars contend that, under modern law and practice, presidents can choose to conclude any international agreement by obtaining either ex ante authorization or ex post approval from a majority of Congress rather than obtaining the supermajority “advice and consent” of the Senate. If presidents in fact have this freedom of choice, there appears to be a puzzle: Why do they ever choose to use the Article II treaty process, which is more politically difficult than the executive agreement processes? To be sure, the use of the Article II process has been in decline, but the process is still used for some agreements, including in situations in which the process seems to make it more difficult for presidents to obtain approval of agreements that they support. A common answer to this puzzle is based on signaling theory: Using the Article II process, it is said, allows the president or the country to signal valuable information to potential treaty partners. This chapter argues that the signaling explanation is questionable and suggests that domestic legal and political factors better explain the continued use of the Article II process.
George C. Edwards
- Published in print:
- 2019
- Published Online:
- January 2020
- ISBN:
- 9780300243888
- eISBN:
- 9780300249651
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300243888.001.0001
- Subject:
- Political Science, American Politics
This is the third edition of the definitive book on the unique system by which Americans choose a presidents, and why that system should be changed. It is a critique of the U.S. electoral college and ...
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This is the third edition of the definitive book on the unique system by which Americans choose a presidents, and why that system should be changed. It is a critique of the U.S. electoral college and includes a new chapter focusing on the 2016 election. The book examines the function of the electoral college during the 2016 presidential elections and argues that the electoral college did not work as it should have. The book claims that the electoral college distorted the electoral process and gave the candidates strong incentives to ignore most of the country. It did not guarantee victory to the candidate receiving the most votes, nor ensure national harmony, nor provide the winner a broad coalition and a mandate to govern. The book asserts that there is a need to focus directly and systematically on the core questions surrounding the electoral college and assess whether its role in American democracy is justified.Less
This is the third edition of the definitive book on the unique system by which Americans choose a presidents, and why that system should be changed. It is a critique of the U.S. electoral college and includes a new chapter focusing on the 2016 election. The book examines the function of the electoral college during the 2016 presidential elections and argues that the electoral college did not work as it should have. The book claims that the electoral college distorted the electoral process and gave the candidates strong incentives to ignore most of the country. It did not guarantee victory to the candidate receiving the most votes, nor ensure national harmony, nor provide the winner a broad coalition and a mandate to govern. The book asserts that there is a need to focus directly and systematically on the core questions surrounding the electoral college and assess whether its role in American democracy is justified.
Enid Lynette Logan
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814752975
- eISBN:
- 9780814753460
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814752975.001.0001
- Subject:
- Political Science, American Politics
In January 2009, Barack Obama became the 44th president of the United States. In the weeks and months following the election, as in those that preceded it, countless social observers from across the ...
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In January 2009, Barack Obama became the 44th president of the United States. In the weeks and months following the election, as in those that preceded it, countless social observers from across the ideological spectrum commented upon the cultural, social, and political significance of “the Obama phenomenon.” This book provides a nuanced analysis framed by innovative theoretical insights to explore how Barack Obama's presidential candidacy both reflected and shaped the dynamics of race in the contemporary United States. Using the 2008 election as a case study of U.S. race relations, and based on a wealth of empirical data that includes an analysis of over 1,500 newspaper articles, blog postings, and other forms of public speech collected over a 3-year period, the book claims that while race played a central role in the 2008 election, it was in several respects different from the past. The book ultimately concludes that while the selection of an individual African American man as president does not mean that racism is dead in the contemporary United States, we must also think creatively and expansively about what the election does mean for the nation and for the evolving contours of race in the 21st century.Less
In January 2009, Barack Obama became the 44th president of the United States. In the weeks and months following the election, as in those that preceded it, countless social observers from across the ideological spectrum commented upon the cultural, social, and political significance of “the Obama phenomenon.” This book provides a nuanced analysis framed by innovative theoretical insights to explore how Barack Obama's presidential candidacy both reflected and shaped the dynamics of race in the contemporary United States. Using the 2008 election as a case study of U.S. race relations, and based on a wealth of empirical data that includes an analysis of over 1,500 newspaper articles, blog postings, and other forms of public speech collected over a 3-year period, the book claims that while race played a central role in the 2008 election, it was in several respects different from the past. The book ultimately concludes that while the selection of an individual African American man as president does not mean that racism is dead in the contemporary United States, we must also think creatively and expansively about what the election does mean for the nation and for the evolving contours of race in the 21st century.
Richard Carwardine and Jay Sexton (eds)
- Published in print:
- 2011
- Published Online:
- March 2015
- ISBN:
- 9780195379112
- eISBN:
- 9780190254643
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780195379112.003.0001
- Subject:
- History, World Modern History
This chapter examines the global popularity of Abraham Lincoln, the sixteenth U.S. president. It analyzes the routes that Lincoln's name and reputation traveled and what Lincoln's celebrity can tell ...
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This chapter examines the global popularity of Abraham Lincoln, the sixteenth U.S. president. It analyzes the routes that Lincoln's name and reputation traveled and what Lincoln's celebrity can tell us about transnational political, economic, and cultural networks. It highlights the importance of Lincoln's reputation as a self-made man, his humanitarianism, humility, moral code, and religion revealed by the reputation as the emancipator and the lack of sustained and bare-knuckled foreign critiques of Lincoln.Less
This chapter examines the global popularity of Abraham Lincoln, the sixteenth U.S. president. It analyzes the routes that Lincoln's name and reputation traveled and what Lincoln's celebrity can tell us about transnational political, economic, and cultural networks. It highlights the importance of Lincoln's reputation as a self-made man, his humanitarianism, humility, moral code, and religion revealed by the reputation as the emancipator and the lack of sustained and bare-knuckled foreign critiques of Lincoln.
Dan P. McAdams
- Published in print:
- 2020
- Published Online:
- March 2020
- ISBN:
- 9780197507445
- eISBN:
- 9780197507476
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780197507445.001.0001
- Subject:
- Psychology, Social Psychology
The Strange Case of Donald J. Trump provides a coherent and nuanced psychological portrait of the 45th president of the United States. Drawing on biographical events in Trump’s life and on ...
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The Strange Case of Donald J. Trump provides a coherent and nuanced psychological portrait of the 45th president of the United States. Drawing on biographical events in Trump’s life and on contemporary research and theory in personality, social, and developmental psychology, the book explores the personality traits and psychological dynamics that have shaped Trump’s life, with an emphasis on the strangeness of the case—how Trump again and again defies psychological expectations regarding what it means to be a human being. The book’s central thesis is that Donald Trump is the episodic man. He lives in the moment, outside of time, without an internal story to connect the discrete scenes in his life. As such, Trump perceives himself to be more like a superhero or a primal force, supernatural and timeless, rather than a flesh-and-blood human being with an inner life, a remembered past, and an imagined future. Trump’s psychological status as the episodic man helps us understand both Trump’s appeal (in the minds of millions) and his failings. The book’s interpretation of Trump sheds new light on Trump’s charisma, his deal-making, his volatile temperament, his approach to personal relationships, his narcissism, and his emergence as a new kind of authoritarian leader in American history.Less
The Strange Case of Donald J. Trump provides a coherent and nuanced psychological portrait of the 45th president of the United States. Drawing on biographical events in Trump’s life and on contemporary research and theory in personality, social, and developmental psychology, the book explores the personality traits and psychological dynamics that have shaped Trump’s life, with an emphasis on the strangeness of the case—how Trump again and again defies psychological expectations regarding what it means to be a human being. The book’s central thesis is that Donald Trump is the episodic man. He lives in the moment, outside of time, without an internal story to connect the discrete scenes in his life. As such, Trump perceives himself to be more like a superhero or a primal force, supernatural and timeless, rather than a flesh-and-blood human being with an inner life, a remembered past, and an imagined future. Trump’s psychological status as the episodic man helps us understand both Trump’s appeal (in the minds of millions) and his failings. The book’s interpretation of Trump sheds new light on Trump’s charisma, his deal-making, his volatile temperament, his approach to personal relationships, his narcissism, and his emergence as a new kind of authoritarian leader in American history.