Modern presidents regularly appeal over the heads of Congress to the people at large to generate support for public policies. The Rhetorical Presidency makes the case that this development, born at the outset of the twentieth century, is the product of conscious political choices that fundamentally transformed the presidency and the meaning of American governance. Now with a new foreword by Russell Muirhead and a new afterword by the author, this landmark work probes political pathologies and analyzes the dilemmas of presidential statecraft. Extending a tradition of American political writing that begins with The Federalist and continues with Woodrow Wilson's Congressional Government, The Rhetorical Presidency remains a pivotal work in its field.

American politics is typically a story about winners. The fading away of defeated politicians and political movements is a feature of American politics that ensures political stability and a peaceful transition of power. But American history has also been built on defeated candidates, failed presidents, and social movements that at pivotal moments did not dissipate as expected but instead persisted and eventually achieved success for the loser's ideas and preferred policies. With Legacies of Losing in American Politics, Jeffrey K. Tulis and Nicole Mellow rethink three pivotal moments in American political history: the founding, when anti-Federalists failed to stop the ratification of the Constitution; the aftermath of the Civil War, when President Andrew Johnson's plan for restoring the South to the Union was defeated; and the 1964 presidential campaign, when Barry Goldwater's challenge to the New Deal order was soundly defeated by Lyndon B. Johnson. In each of these cases, the very mechanisms that caused the initial failures facilitated their eventual success. After the dust of the immediate political defeat settled, these seemingly discredited ideas and programs disrupted political convention by prevailing, often subverting, and occasionally enhancing constitutional fidelity. Tulis and Mellow present a nuanced story of winning and losing and offer a new understanding of American political development as the interweaving of opposing ideas.

Since 1981, when Joseph M. Bessette and Jeffrey K. Tulis first published "The Presidency in the Constitutional Order," the study of the constitutional powers of the presidency has advanced considerably. Bessette and Tulis continue the conversation almost 30 years later, presenting original research on the most significant issues regarding presidential power and the Constitution.

After introducing and identifying the main approaches to the study of the constitutional presidency and the nature of executive power, Bessette and Tulis, along with other constitutional scholars, cover a wide range of topics. These include the logic and meaning of Article II of the Constitution; the constitutional and political debate over Washington's Proclamation of Neutrality of 1793; the contribution of Theodore Roosevelt and William Howard Taft to the constitutional foundations of the modern presidency; the controversy over the presidential election of 2000 and the Supreme Court's decision in "Bush v. Gore"; military tribunals and the war on terrorism; executive orders; growing presidential influence over the budgeting process; executive privilege; impeachment; and demagoguery in democratic regimes.

The book conjoins political and legal modes of analysis and shows how constitutional interpretation is indispensable to an adequate description of political behavior and serves as the source of standards for evaluating presidential conduct. The contributors offer new and distinctive arguments, especially in light of the renewed debate over executive power during the George W. Bush administration.

American politics is typically a story about winners. The fading away of defeated politicians and political movements is a feature of American politics that ensures political stability and a peaceful transition of power. But American history has also been built on defeated candidates, failed presidents, and social movements that at pivotal moments did not dissipate as expected but instead persisted and eventually achieved success for the loser's ideas and preferred policies. With Legacies of Losing in American Politics, Jeffrey K. Tulis and Nicole Mellow rethink three pivotal moments in American political history: the founding, when anti-Federalists failed to stop the ratification of the Constitution; the aftermath of the Civil War, when President Andrew Johnson's plan for restoring the South to the Union was defeated; and the 1964 presidential campaign, when Barry Goldwater's challenge to the New Deal order was soundly defeated by Lyndon B. Johnson. In each of these cases, the very mechanisms that caused the initial failures facilitated their eventual success. After the dust of the immediate political defeat settled, these seemingly discredited ideas and programs disrupted political convention by prevailing, often subverting, and occasionally enhancing constitutional fidelity. Tulis and Mellow present a nuanced story of winning and losing and offer a new understanding of American political development as the interweaving of opposing ideas.

Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future.

The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation.

In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Muller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg."