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The Specter of Dictatorship - Judicial Enabling of Presidential Power (Hardcover)
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The Specter of Dictatorship - Judicial Enabling of Presidential Power (Hardcover)
Series: Stanford Studies in Law and Politics
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Reveals how the U.S. Supreme Court's presidentialism threatens our
democracy and what to do about it. Donald Trump's presidency made
many Americans wonder whether our system of checks and balances
would prove robust enough to withstand an onslaught from a despotic
chief executive. In The Specter of Dictatorship, David Driesen
analyzes the chief executive's role in the democratic decline of
Hungary, Poland, and Turkey and argues that an insufficiently
constrained presidency is one of the most important systemic
threats to democracy. Driesen urges the U.S. to learn from the
mistakes of these failing democracies. Their experiences suggest,
Driesen shows, that the Court must eschew its reliance on and
expansion of the "unitary executive theory" recently endorsed by
the Court and apply a less deferential approach to presidential
authority, invoked to protect national security and combat
emergencies, than it has in recent years. Ultimately, Driesen
argues that concern about loss of democracy should play a major
role in the Court's jurisprudence, because loss of democracy can
prove irreversible. As autocracy spreads throughout the world,
maintaining our democracy has become an urgent matter.
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