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Ever since Arthur M. Schlesinger Jr. used "imperial presidency" as a book title, the term has become central to the debate about the balance of power in the U.S. government. Since the presidency of George W. Bush, when advocates of executive power such as Dick Cheney gained ascendancy, the argument has blazed hotter than ever. Many argue the Constitution itself is in grave danger. What is to be done?.
Executive power --- Presidents --- Powers
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"This book examines various turning points at which the constitutional could have involved in different ways"--
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“Who is James K. Polk?” was a rallying cry of the Whigs during the campaign of 1844. Polk answered that question adequately by winning the election against his Whig opponent, Henry Clay. Today the question might be recast—respectfully, not derisively—“Who was James K. Polk?” Few persons could give more than a perfunctory answer, even though when he left office the United States was half again larger than it was when he became president. Polk, unlike his close friend Andrew Jackson, has been the subject of but few books. Stern and serious-minded, intent upon his work, he never caught the public’s imagination as did some of the more magnetic personalities who filled the office of president. His lack of personal charm, however, should not hide from generations of Americans the great benefit he brought their country and his key role in developing the powers of the presidency. This book will be a revelation to readers who might be confounded, even momentarily, by the question “Who was James K. Polk?” It is based on the assumption that the presidential power-role, though expressed in the Constitution and prescribed by law, is not a static role but a dynamic one, shaped and developed by a president’s personal reaction to the crises and circumstances of the times during which he serves. And Polk faced many crises, among them the Mexican War, the Oregon boundary dispute, the tariff question, Texas’s admission to the Union, and the establishment by the United States of a more stable and respected position in the world of nations. Based on the dynamic power-role theory, the book analyzes its theme of how and why James K. Polk, the eleventh president of the United States, responded to the challenges of his times and thereby increased the authority and importance of the presidential role for future incumbents. Charles McCoy became interested in writing this book after two of his friends, both informed historians, pointed out to him that James K. Polk was a neglected figure in American history. Preliminary research showed this to be true, but without reason—for, as the eminent historian George Bancroft said, “viewed from the standpoint of results, [Polk’s administration] was perhaps the greatest in our national history, certainly one of the greatest.” For his own astute appraisal of the Polk administration, McCoy emphasized the use of firsthand sources of information: the Polk Diary; newspapers of the period; the unpublished papers of Polk, Jackson, Trist, Marcy, and Van Buren; and congressional documents and reports.
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Presidents --- Executive power --- Constitutional history --- History.
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Veto --- Constitutional law --- Executive power --- History.
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Executive orders --- Executive power --- Presidents --- Powers
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This book offers a comparative perspective on the semi-presidential regimes of Portugal and Timor-Leste, suggesting that they both reserve a “moderating power” for presidents in line with what was theorized by Benjamin Constant. Historical legacies, political culture and short-term political considerations combined create an institutional design that has endured and produced incentives to power-sharing and inclusiveness. A critical element of this model finds roots in the electoral system facilitating the emergence of “independent” presidents with political platforms that tend to supersede those of political parties. Elected presidents dispose of an array of competences that do not overlap with those of prime ministers, but represent a category of its own. The vast array of presidential competences contributes to reinforcing a system of checks and balances, and to foster horizontal accountability. The book argues that this specific form of government with “moderating powers” and presidents who are largely “independent” from the party system contributed to the successful democratic transitions of Portugal and Timor-Leste.
Presidents --- Presidency --- Heads of state --- Executive power
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A constitutional originalist sounds the alarm over the presidency’s ever-expanding powers, ascribing them unexpectedly to the liberal embrace of a living Constitution. Liberal scholars and politicians routinely denounce the imperial presidency—a self-aggrandizing executive that has progressively sidelined Congress. Yet the same people invariably extol the virtues of a living Constitution, whose meaning adapts with the times. Saikrishna Bangalore Prakash argues that these stances are fundamentally incompatible. A constitution prone to informal amendment systematically favors the executive and ensures that there are no enduring constraints on executive power. In this careful study, Prakash contends that an originalist interpretation of the Constitution can rein in the “living presidency” legitimated by the living Constitution. No one who reads the Constitution would conclude that presidents may declare war, legislate by fiat, and make treaties without the Senate. Yet presidents do all these things. They get away with it, Prakash argues, because Congress, the courts, and the public routinely excuse these violations. With the passage of time, these transgressions are treated as informal constitutional amendments. The result is an executive increasingly liberated from the Constitution. The solution is originalism. Though often associated with conservative goals, originalism in Prakash’s argument should appeal to Republicans and Democrats alike, as almost all Americans decry the presidency’s stunning expansion. The Living Presidency proposes a baker’s dozen of reforms, all of which could be enacted if only Congress asserted its lawful authority.
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