Executive Privilege

Author: Raoul Berger
Editor: Cambridge, Mass. : Harvard University Press
ISBN:
Size: 16,79 MB
Format: PDF, Docs
Read: 154
Download

Challenges the historical bases of modern claims of executive privilege and cites the dangers of executive secrecy.

Impeachment

Author: Raoul Berger
Editor:
ISBN: 9780674444768
Size: 17,74 MB
Format: PDF, ePub
Read: 628
Download

The little understood yet volcanic power of impeachment lodged in the Congress is dissected through history by the nation's leading legal scholar on the subject. Berger offers authoritative insight into "high crimes and misdemeanors." He sheds new light on whether impeachment is limited to indictable crimes, on whether there is jurisdiction to impeach for misconduct outside of office, and on whether impeachment must precede indictment. In an addition to the book, Berger finds firm footing in contesting the views of one-time Judge Robert Bork and President Nixon's lawyer, James St. Clair.

The Supreme Court S Retreat From Reconstruction

Author: Frank J. Scaturro
Editor: Greenwood Publishing Group
ISBN: 9780313311055
Size: 20,44 MB
Format: PDF, ePub, Mobi
Read: 792
Download

Compares the Supreme Court's holdings regarding the Thirteenth, Fourteenth, and Fifteenth Amendments to the framers' own interpretations and examines the resulting distortions of constitutional law, some of which continue to this day.

Human Rights Of By And For The People

Author: Keri E. Iyall Smith
Editor: Taylor & Francis
ISBN: 1315470004
Size: 14,97 MB
Format: PDF, Docs
Read: 471
Download

Together, the US Constitution and the Bill of Rights comprise the constitutional foundation of the United States. These—the oldest governing documents still in use in the world—urgently need an update, just as the constitutions of other countries have been updated and revised. Human Rights Of, By, and For the People brings together lawyers and sociologists to show how globalization and climate change offer an opportunity to revisit the founding documents. Each proposes specific changes that would more closely align US law with international law. The chapters also illustrate how constitutions are embedded in society and shaped by culture. The constitution itself sets up contentious relationships among the three branches of government and between the federal government and each state government, while the Bill of Rights and subsequent amendments begrudgingly recognize the civil and political rights of citizens. These rights are described by legal scholars as "negative rights," specifically as freedoms from infringements rather than as positive rights that affirm personhood and human dignity. The contributors to this volume offer "positive rights" instead. The Universal Declaration of Human Rights (UDHR), written in the middle of the last century, inspires these updates. Nearly every other constitution in the world has adopted language from the UDHR. The contributors use intersectionality, critical race theory, and contemporary critiques of runaway economic inequality to ground their interventions in sociological argument.

Executive Privilege

Author: Mark J. Rozell
Editor: Univ Pr of Kansas
ISBN:
Size: 19,39 MB
Format: PDF, ePub, Mobi
Read: 190
Download

Mark Rozell's Executive Privilege-called "the definitive contemporary work on the subject" by the Journal of Politics-is widely considered the best in-depth history and analysis of executive privilege and its relation to the proper scope and limits of presidential power. Indeed, it was one of only a few books that President Bill Clinton once selected for his summer reading, according U.S. News & World Report. Picking up where the second edition left off-in the early days of George W. Bush's first presidential term-this revised and updated third edition provides a thorough analysis of the controversies stirred by Bush 43's aggressive and relentless use of executive privilege over an eight-year period. It also provides the first close look at the intense debates already emerging around President Barack Obama's own struggle to both wield and locate the limits of this powerful executive tool. Rozell takes a balanced approach to a subject mired in controversy, providing both a historical overview of the doctrine and an explanation of its importance in the American political process. Although it is viewed by many as undemocratic-or even a "constitutional myth"-Rozell argues that executive privilege not only derives from the Constitution but, if prudently used, even supports the president's efforts in constructing and implementing policy. "If prudently used" is, of course, the key. Rozell shows how Nixon's abuses of power, Clinton's resistance to numerous congressional and grand-jury investigations, and George Bush's proclivity for excessive secrecy all sparked controversy over attempts to revive executive privilege-in the process doing significant damage to this constitutional principle. His sharp analysis of the potential roles and influence of both the judiciary and Congress suggests that disputes over withheld information are best resolved by the separation of powers and the ebb and flow of political tides. Ultimately, Rozell continues to believe in the legitimate role of executive privilege and looks to the day when a president can use it without embarrassment, and his book remains the most balanced treatment available of this concept.

The Presidency In The Constitutional Order

Author: Stewart Wolf
Editor: Routledge
ISBN: 1351476521
Size: 12,50 MB
Format: PDF, Docs
Read: 891
Download

This classic collection of studies, first published in 1980, contributes to the revival of interest in the powers and duties of the American presidency. Unlike many previous books on the constitution and the president, the contributors to this volume are political scientists, not law professors. Accordingly, they display political scientists' concern with structures as well as power, with conflict between the branches of government as well as their functional separation, and with political prescription as well as legal analysis. Underlying the entire volume is a persistent attention to the nature of executive power and its particular manifestation in the American system. Part One introduces the foundations that underlie contemporary issues, including the famous James Madison-Alexander Hamilton debate over the powers of the presidency. Contemporary political and scholarly controversies, which are the subjects of Part Two, include the constitutionality of the War Powers Resolution of 1973, the legislative veto, executive privilege and secrecy, the character of the presidency, presidential selection, and the nature of executive power. The essays in The Presidency in the Constitutional Order represent some of the most cogent thought available about the highest elected office in America, and the themes of the volume continue to be timely and provocative.

Constitutional Chaos

Author: Andrew P. Napolitano
Editor: Thomas Nelson
ISBN: 1418508357
Size: 11,28 MB
Format: PDF, ePub
Read: 633
Download

In this incisive and insightful book, Judge Andrew P. Napolitano peels back the legal veneer and shows how politicians, judges, prosecutors, and bureaucrats are trampling the U.S. Constitution in the name of law and order and fighting terrorism. Napolitano reveals how they: silence the First Amendment shoot holes in the Second break some laws to enforce others entrap citizens steal private property seize evidence without warrant imprison without charge kill without cause Pundits on the right, left, and center have praised Constitutional Chaos for its penetrating examination of our rights and liberties in the post-9/11 world. "Has the war on terrorism taken away some of your rights? In a non-ideological way, Judge Andrew P. Napolitano answers that crucial question. This book will open your eyes."-Bill O'Reilly "This book is a wake-up call for all who value personal freedom and limited government."-Rush Limbaugh "In all of the American media, Judge Napolitano is the most persistent, uncompromising guardian of both the letter and the spirit of the Constitution. . ."-Nat Hentoff Judge Andrew P. Napolitano is Fox News Channel's senior judicial analyst, seen by millions on The Big Story with John Gibson, The O'Reilly Factor, Fox and Friends, and other shows. Hisarticles and commentaries have been published in the Wall Street Journal, Los Angeles Times, St. Louis Post-Dispatch, Newark Star Ledger, and other national publications.

The Law Of The Executive Branch

Author: Louis Fisher
Editor: Oxford University Press
ISBN: 0199856214
Size: 13,51 MB
Format: PDF, Kindle
Read: 392
Download

The Law of the Executive Branch: Presidential Power places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. Each provision of the US Constitution is analyzed to reveal its contemporary meaning and in concert with the application of presidential power.

Laws Harsh As Tigers

Author: Lucy E. Salyer
Editor: Univ of North Carolina Press
ISBN: 9780807864319
Size: 17,42 MB
Format: PDF, ePub
Read: 915
Download

Focusing primarily on the exclusion of the Chinese, Lucy Salyer analyzes the popular and legal debates surrounding immigration law and its enforcement during the height of nativist sentiment in the early twentieth century. She argues that the struggles between Chinese immigrants, U.S. government officials, and the lower federal courts that took place around the turn of the century established fundamental principles that continue to dominate immigration law today and make it unique among branches of American law. By establishing the centrality of the Chinese to immigration policy, Salyer also integrates the history of Asian immigrants on the West Coast with that of European immigrants in the East. Salyer demonstrates that Chinese immigrants and Chinese Americans mounted sophisticated and often-successful legal challenges to the enforcement of exclusionary immigration policies. Ironically, their persistent litigation contributed to the development of legal doctrines that gave the Bureau of Immigration increasing power to counteract resistance. Indeed, by 1924, immigration law had begun to diverge from constitutional norms, and the Bureau of Immigration had emerged as an exceptionally powerful organization, free from many of the constraints imposed upon other government agencies.

Law And Society In Puritan Massachusetts

Author: David Thomas Konig
Editor: Univ of North Carolina Press
ISBN: 0807863432
Size: 17,43 MB
Format: PDF, ePub, Docs
Read: 331
Download

Distinguished by the critical value it assigns to law in Puritan society, this study describes precisely how the Massachusetts legal system differed from England's and how equity and an adapted common law became so useful to ordinary individuals. The author discovers that law gradually replaced religion and communalism as the source of social stability, and he gives a new interpretation to the witchcraft prosecutions of 1692. Originally published 1979. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.