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The Cavalier Presidency - Executive Power and Prerogative in Times of Crisis (Paperback)
Loot Price: R1,191
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The Cavalier Presidency - Executive Power and Prerogative in Times of Crisis (Paperback)
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In this book, Justin DePlato examines and analyzes the reasons and
justifications for, as well as instances of, executive emergency
power in political thought and action. The book begins by analyzing
the theory of executive emergency power across a wide breadth of
philosophical history, from Ancient Greek, Renaissance, through
modern American political thought. This analysis indicates that in
political philosophy two models exist for determining and using
executive emergency power: an unfettered executive prerogative or a
constitutional dictatorship. The modern American approach to
executive emergency power is an unfettered executive prerogative,
whereby the executive determines what emergency power is and how to
use it. The book addresses the fundamental question of whether
executive power in times of crisis may be unfettered and
discretionary or rather does the law define and restrain executive
emergency power. The author reviews and analyzes seven U.S.
presidencies that handled a domestic crisis-Washington, Jefferson,
Madison, Jackson, Lincoln, G. W. Bush, and Obama-to show that
presidents become extraordinarily powerful during crises and act
unilaterally without oversight. The use of executive emergency
power undermines the normal processes of democratic republicanism
and harms the rule of law. The author analyzes the U.S.
Constitution, formerly classified Department of Justice Memos,
primary sourced letters, signing statements, executive orders,
presidential decrees, and original founding documents to
comprehensively conclude that presidential prerogative determines
what emergency powers are and how they are to be executed. This
book challenges the claim that presidents determine their emergency
power with appropriate congressional oversight or consultation. The
analysis of the empirical data indicates that presidents do not
consult with Congress prior to determining what their emergency
powers are and how the president wants to use them. Justin DePlato
joins the highly contentious debate over the use of executive power
during crisis and offers a sharp argument against an ever-growing
centralized and unchecked federal power. He argues that presidents
are becoming increasingly reckless when determining and using power
during crisis, often times acting unconstitutional.
General
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