George W. Bush's presidency has helped accelerate a renewed
interest in the legal or formal bases of presidential power. It is
now abundantly clear that presidential power is more than the sum
of bargaining, character, and rhetoric. Presidential power also
inheres in the Constitution or at least assertions of
constitutional powers. Judging Executive Power helps to bring the
Constitution and the courts back into the study of the American
presidency by introducing students to sixteen important Supreme
Court cases that have shaped the power of the American presidency.
The cases selected include the removal power, executive privilege,
executive immunity, and the line-item veto, with particularly
emphasis on a president's wartime powers from the Civil War to the
War on Terror. Through introductions and postscripts that accompany
each case, landmark judicial opinions are placed in their political
and historical contexts, enabling students to understand the
political forces that frame and the political consequences that
follow from legal arguments and judgments.
General
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