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Democracy's Chief Executive - Interpreting the Constitution and Defining the Future of the Presidency (Hardcover)
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Democracy's Chief Executive - Interpreting the Constitution and Defining the Future of the Presidency (Hardcover)
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Legal scholar Peter M. Shane confronts U.S. presidential
entitlement and offers a more reasonable way of conceptualizing our
constitutional presidency in the twenty-first century. In the eyes
of modern-day presidentialists, the United States Constitution's
vesting of "executive power" means today what it meant in 1787. For
them, what it meant in 1787 was the creation of a largely
unilateral presidency, and in their view, a unilateral presidency
still best serves our national interest. Democracy's Chief
Executive challenges each of these premises, while showing how
their influence on constitutional interpretation for more than
forty years has set the stage for a presidency ripe for
authoritarianism. Democracy's Chief Executive explains how dogmatic
ideas about expansive executive authority can create within the
government a psychology of presidential entitlement that threatens
American democracy and the rule of law. Tracing today's aggressive
presidentialism to a steady consolidation of White House power
aided primarily by right-wing lawyers and judges since 1981, Peter
M. Shane argues that this is a dangerously authoritarian form of
constitutional interpretation that is not even well supported by an
originalist perspective. Offering instead a fresh approach to
balancing presidential powers, Shane develops an interpretative
model of adaptive constitutionalism, rooted in the values of
deliberative democracy. Democracy's Chief Executive demonstrates
that justifying outcomes explicitly based on core democratic values
is more, not less, constraining for judicial decision making-and
presents a model that Americans across the political spectrum
should embrace.
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