Louis Fisher
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199856213
- eISBN:
- 9780199358397
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199856213.001.0001
- Subject:
- Law, Constitutional and Administrative Law
The scope of presidential authority has been a constant focus of constitutional dispute since the Framing. The bases for presidential appointment and removal, the responsibility of the Executive to ...
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The scope of presidential authority has been a constant focus of constitutional dispute since the Framing. The bases for presidential appointment and removal, the responsibility of the Executive to choose between the will of Congress and the President, the extent of unitary powers over the military, even the ability of the President to keep secret the identity of those consulted in policy making decisions have all been the subject of intense controversy. The scope of that power and the manner of its exercise affect not only the actions of the President and the White House staff, but also all staff employed by the executive agencies. There is a clear need to examine the law of the entire executive branch. This book places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. The book strives to separate legitimate from illegitimate sources of power, through analysis that is informed by litigation as well as shaped by presidential initiatives, statutory policy, judicial interpretations, and public and international pressures. Each provision of the US Constitution is analyzed to reveal its contemporary meaning in concert with the application of presidential power. Controversial issues covered in the book include: unilateral presidential wars; the state secrets privilege; extraordinary rendition; claims of “inherent” presidential powers that may not be checked by other branches; and executive privilege.Less
The scope of presidential authority has been a constant focus of constitutional dispute since the Framing. The bases for presidential appointment and removal, the responsibility of the Executive to choose between the will of Congress and the President, the extent of unitary powers over the military, even the ability of the President to keep secret the identity of those consulted in policy making decisions have all been the subject of intense controversy. The scope of that power and the manner of its exercise affect not only the actions of the President and the White House staff, but also all staff employed by the executive agencies. There is a clear need to examine the law of the entire executive branch. This book places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. The book strives to separate legitimate from illegitimate sources of power, through analysis that is informed by litigation as well as shaped by presidential initiatives, statutory policy, judicial interpretations, and public and international pressures. Each provision of the US Constitution is analyzed to reveal its contemporary meaning in concert with the application of presidential power. Controversial issues covered in the book include: unilateral presidential wars; the state secrets privilege; extraordinary rendition; claims of “inherent” presidential powers that may not be checked by other branches; and executive privilege.
Stan Kidd and Tony Reeves
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9781447314899
- eISBN:
- 9781447314929
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447314899.003.0007
- Subject:
- Political Science, Public Policy
Written from the perspective of senior officers of a major English metropolitan authority, this chapter offers an insight into the challenge of seeking to service the needs of a diverse citizenry ...
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Written from the perspective of senior officers of a major English metropolitan authority, this chapter offers an insight into the challenge of seeking to service the needs of a diverse citizenry whilst simultaneously negotiating draconian budget cuts. In this context the need for research intelligence with instrumental utility is revealed as an absolute priority. This chapter provides a perspective on the potential cross-over of values between local authority personnel committed to ‘serving the needs and protecting the interests of our communities and the aspirations of researchers informed by a commitment to public engagement. At the same time it also painfully suggests reasons why this possibility may not easily be realised.Less
Written from the perspective of senior officers of a major English metropolitan authority, this chapter offers an insight into the challenge of seeking to service the needs of a diverse citizenry whilst simultaneously negotiating draconian budget cuts. In this context the need for research intelligence with instrumental utility is revealed as an absolute priority. This chapter provides a perspective on the potential cross-over of values between local authority personnel committed to ‘serving the needs and protecting the interests of our communities and the aspirations of researchers informed by a commitment to public engagement. At the same time it also painfully suggests reasons why this possibility may not easily be realised.
