Scholars and citizens alike have endlessly debated the proper
limits of presidential action within our democracy. In this revised
and expanded edition, noted scholar Phillip Cooper offers a cogent
guide to these powers and shows how presidents from George
Washington to Barack Obama have used and abused them in trying to
realize their visions for the nation.
As Cooper reveals, there has been virtually no significant
policy area or level of government left untouched by the
application of these presidential "power tools." Whether seeking to
regulate the economy, committing troops to battle without a
congressional declaration of war, or blocking commercial access to
federal lands, presidents have wielded these powers to achieve
their goals, often in ways that seem to fly in the face of true
representative government. Cooper defines the different forms these
powers take--executive orders, presidential memoranda,
proclamations, national security directives, and signing
statements--demonstrates their uses, critiques their strengths and
dangers, and shows how they have changed over time.
Cooper calls on events in American history with which we are all
familiar but whose implications may have escaped us. Examples of
executive action include, Washington's "Neutrality Proclamation";
Lincoln's Emancipation Proclamation; the more than 1,700 executive
orders issued by Woodrow Wilson in World War I; FDR also issued the
order to incarcerate Japanese Americans during World War II;
Truman's orders to desegregate the military; Eisenhower's numerous
national security directives. JFK's order to control racial
violence in Alabama.
As Cooper demonstrates in his balanced treatment of these and
subsequent presidencies, each successive administration finds new
ways of using these tools to achieve policy goals--especially those
goals they know they are unlikely to accomplish with the help of
Congress.
A key feature of the second edition are case studies on the
post-9/11 evolution of presidential direct action in ways that have
drawn little public attention. It clarifies the factors that make
these policy tools so attractive to presidents and the consequences
that can flow from their use and abuse in a post-9/11 environment.
There is an important new chapter on "executive agreements" which,
though they are not treaties within the meaning of the U.S.
Constitution and not subject to Senate ratification, appear in many
respects to be rapidly replacing treaties as instruments of foreign
policy.
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