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The Living Presidency - An Originalist Argument against Its Ever-Expanding Powers (Hardcover)
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The Living Presidency - An Originalist Argument against Its Ever-Expanding Powers (Hardcover)
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A constitutional originalist sounds the alarm over the presidency's
ever-expanding powers, ascribing them unexpectedly to the liberal
embrace of a living Constitution. Liberal scholars and politicians
routinely denounce the imperial presidency-a self-aggrandizing
executive that has progressively sidelined Congress. Yet the same
people invariably extol the virtues of a living Constitution, whose
meaning adapts with the times. Saikrishna Bangalore Prakash argues
that these stances are fundamentally incompatible. A constitution
prone to informal amendment systematically favors the executive and
ensures that there are no enduring constraints on executive power.
In this careful study, Prakash contends that an originalist
interpretation of the Constitution can rein in the "living
presidency" legitimated by the living Constitution. No one who
reads the Constitution would conclude that presidents may declare
war, legislate by fiat, and make treaties without the Senate. Yet
presidents do all these things. They get away with it, Prakash
argues, because Congress, the courts, and the public routinely
excuse these violations. With the passage of time, these
transgressions are treated as informal constitutional amendments.
The result is an executive increasingly liberated from the
Constitution. The solution is originalism. Though often associated
with conservative goals, originalism in Prakash's argument should
appeal to Republicans and Democrats alike, as almost all Americans
decry the presidency's stunning expansion. The Living Presidency
proposes a baker's dozen of reforms, all of which could be enacted
if only Congress asserted its lawful authority.
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