While the president is the commander in chief, the US Congress plays a critical and underappreciated role in civil-military relations - the relationship between the armed forces and the civilian leadership that commands it. This unique book edited by Colton C. Campbell and David P. Auerswald will help readers better understand the role of Congress in military affairs and national and international security policy. Contributors include the most experienced scholars in the field as well as practitioners and innovative new voices, all delving into the ways Congress attempts to direct the military. This book explores four tools in particular that play a key role in congressional action: the selection of military officers, delegation of authority to the military, oversight of the military branches, and the establishment of incentives - both positive and negative - to encourage appropriate military behavior. The contributors explore the obstacles and pressures faced by legislators including the necessity of balancing national concerns and local interests, partisan and intraparty differences, budgetary constraints, the military's traditional resistance to change, and an ongoing lack of foreign policy consensus at the national level. Yet, despite the considerable barriers, Congress influences policy on everything from closing bases to drone warfare to acquisitions. A groundbreaking study, Congress and Civil-Military Relations points the way forward in analyzing an overlooked yet fundamental government relationship.

"On the Supreme Court" places the Supreme Court in a rich historical and political context, demonstrating how its interpretations of statutes and the Constitution are necessarily shared with the elected branches, the 50 states, and the general public. It explains why the Court exercises judicial review, not judicial supremacy. It demonstrates that, contrary to popular opinion, the Court does not supply the final or exclusive word on the Constitution. In an era of tectonic changes, "On the Supreme Court" offers a fresh perspective on this mainstay institution from a scholar with unique insights as a Constitutional specialist as well as a Congressional researcher.Key features of the text: "

This collaboration of distinguished presidential scholars offers one of the first book-length post-presidency analyses of President George W. Bush and his policies. Mark J. Rozell and Gleaves Whitney have assembled a varied list of contributors from both ends of the political spectrum, bringing together academics and professionals to provide a glimpse into the politics and policies that defined President George W. Bush's presidency. Testing the Limits discusses all aspects of the Bush policy and administration, from staff appointments to foreign and domestic policy to budgetary politics. Several contributors focus their energy on the expansion of presidential powers during Bush presidency, assessing the increased influence of the Vice-President, the politicization of federal court appointments, and the development of executive privilege and presidential secrecy.

"On the Supreme Court" places the Supreme Court in a rich historical and political context, demonstrating how its interpretations of statutes and the Constitution are necessarily shared with the elected branches, the 50 states, and the general public. It explains why the Court exercises judicial review, not judicial supremacy. It demonstrates that, contrary to popular opinion, the Court does not supply the final or exclusive word on the Constitution. In an era of tectonic changes, "On the Supreme Court" offers a fresh perspective on this mainstay institution from a scholar with unique insights as a Constitutional specialist as well as a Congressional researcher.Key features of the text: "

"An Engaging Account of life in today's turbulent Russia, this book faithfully presents the richly contradictory views of Muscovites and rural Russians on their work, their families and communities, their government, and their daily lives. Lois Fisher skillfully interweaves anecdote, conversation, and observation to round out the picture of a society in turmoil. Not surprisingly, much of the discussion focuses on the currently most pressing social issues-the economy and economic policy, education, crime, and social welfare. Other highlights include profiles of Kuzbass miners and their families and of former Red Army soldiers waiting in Germany for demobilization. Written by a veteran foreign correspondent in a lively style, this book will have special appeal for students and general readers. The original edition, published in autumn 1991 by Hoffmann und Campe Verlag as Aoeberleben in RuI(2)land, ranked for many weeks as a top nonfiction best-seller. This English edition includes additions and updates on the lives of many of the individuals first encountered in the original edition."

"An Engaging Account of life in today's turbulent Russia, this book faithfully presents the richly contradictory views of Muscovites and rural Russians on their work, their families and communities, their government, and their daily lives. Lois Fisher skillfully interweaves anecdote, conversation, and observation to round out the picture of a society in turmoil. Not surprisingly, much of the discussion focuses on the currently most pressing social issues-the economy and economic policy, education, crime, and social welfare. Other highlights include profiles of Kuzbass miners and their families and of former Red Army soldiers waiting in Germany for demobilization. Written by a veteran foreign correspondent in a lively style, this book will have special appeal for students and general readers. The original edition, published in autumn 1991 by Hoffmann und Campe Verlag as Aoeberleben in RuI(2)land, ranked for many weeks as a top nonfiction best-seller. This English edition includes additions and updates on the lives of many of the individuals first encountered in the original edition."

An insightful exploration of the constantly evolving relationship between the Court and Congress The Supreme Court and Congress explores how the Court operates in relation to legislative action, as well as how it has defined the extent and limits of congressional power. Individual chapters trace conflicts between branches over the power of judicial review and other key separation of powers issues, civil rights for African Americans and women, individual liberties, and regulation of the national economy. Essays and documents also examine the different interpretations of the Constitution by the judicial and legislative branches, and how the resulting dialogue helps reconcile constitutional interpretation with democratic government.

Freedom and the Rule of Law takes a critical look at the historical beginnings of law in the United States, and how that history has influenced current trends regarding law and freedom. Anthony Peacock has compiled articles that examine the relationship between freedom and the rule of law in America. Although this is a theme that has been a perennial one since America's founding, it is also one of particular importance today, and this book explains how history makes this apparent. The rule of law is fundamental to all liberal constitutional regimes whose political orders recognize the equal natural rights of all, and whose purpose is to protect those natural rights in addition to the general welfare. The rule of law was essential to achieving both of these ends and to reconciling them where necessary. But just how free is America today? It was certainly within the contemplation of the Founders that the federal judiciary would have a significant role in interpreting the Constitution, federal laws, and treaties, but it would be difficult to argue that those who framed and ratified the Constitution contemplated a role for the courts, particularly for the United States Supreme Court, of the magnitude they have today. The writers take the reader far back into history to the very roots of American Law by examining the English common law roots that provided the foundation for the rule of law in America. This book explores these phenomena and other recent developments in American freedom through history.

The scope of presidential authority has been a constant focus of constitutional dispute since the Framing. The bases for presidential appointment and removal, the responsibility of the Executive to choose between the will of Congress and the President, the extent of unitary powers over the military, even the ability of the President to keep secret the identity of those consulted in policy making decisions have all been the subject of intense controversy. The scope of that power and the manner of its exercise affect not only the actions of the President and the White House staff, but also all staff employed by the executive agencies. There is a clear need to examine the law of the entire executive branch. The Law of the Executive Branch: Presidential Power, places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. In this book, Louis Fisher strives to separate legitimate from illegitimate sources of power, through analysis that is informed by litigation as well as shaped by presidential initiatives, statutory policy, judicial interpretations, and public and international pressures. Each provision of the US Constitution is analyzed to reveal its contemporary meaning in concert with the application of presidential power. Controversial issues covered in the book include: unilateral presidential wars; the state secrets privilege; extraordinary rendition; claims of "inherent" presidential powers that may not be checked by other branches; and executive privilege.

Who makes constitutional law? Is constitutional doctrine the monopoly of the courts? In accessible and persuasive prose Louis Fisher explains that constitutional law is not solely or even primarily the Supreme Court's "final word" but rather a richly political convergence of separate interpretations. With a broad range of examples, he argues that constitutional principles emerge from a dialogue among all three branches of government--executive, legislative, and judicial. Important contributions also come from the states and the general public. Fisher identifies executive and legislative initiatives in many areas of constitutional significance. Where there is litigation, the Court generally upholds these initiatives or may avoid making a constitutional decision by using "threshold devices." On those rare occasions when the Supreme Court exercises judicial review and strikes down a presidential or congressional action, it is usually only a matter of time before the proposal is revived and the dialogue begins again.

Originally published in 1988.

The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

The scope of presidential authority has been a constant focus of constitutional dispute since the Framing. The bases for presidential appointment and removal, the responsibility of the Executive to choose between the will of Congress and the President, the extent of unitary powers over the military, even the ability of the President to keep secret the identity of those consulted in policy making decisions have all been the subject of intense controversy. The scope of that power and the manner of its exercise affect not only the actions of the President and the White House staff, but also all staff employed by the executive agencies. There is a clear need to examine the law of the entire executive branch. The Law of the Executive Branch: Presidential Power, places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. In this book, Louis Fisher strives to separate legitimate from illegitimate sources of power, through analysis that is informed by litigation as well as shaped by presidential initiatives, statutory policy, judicial interpretations, and public and international pressures. Each provision of the US Constitution is analyzed to reveal its contemporary meaning in concert with the application of presidential power. Controversial issues covered in the book include: unilateral presidential wars; the state secrets privilege; extraordinary rendition; claims of "inherent" presidential powers that may not be checked by other branches; and executive privilege.

Widely considered to be among the most important historical collections of all time, The Federalist Papers were intended to persuade New York at-large to accept the newly drafted Constitution in 1787. Authored in parts by Hamilton, Madison, and Jay, the documents have been referred to and heavily cited countless times in all aspects of American government and politics. Their influence is undeniable, as they remain prevalent in our political climate today. This collection remains a vital benchmark in American political philosophy. Signed by the members of the Constitutional Convention in Philadelphia on September 17, 1787, the US Constitution is a landmark legal document that comprises the primary law of the federal government and outlines its three chief branches. The Federalist Papers were a rebuttal to the general public of New York's initial dissuaded response to the idea of the US Constitution. This collection includes both the full text of The Federalist Papers as well as the entire text of the Constitution, so that readers may compare both documents and reference one another at their leisure. In addition to these documents, the book contains a foreword by constitutional scholar Dr. Louis Fisher. With its rich history, The Federalist Papers and the Constitution of the United States will educate you on the groundwork that shaped the greatest country in the world.

Each year billions of dollars are diverted by the President and his assistants from the purposes for which Congress intended them. Billions more are used in confidential and covert ways, without the knowledge of Congress and the public. Here is the first account of how this money is actually spent. Louis Fisher writes: "When it comes to the administration of the budget, we find nothing that is obvious, very little that is visible. Our priorities here are peculiar. We fix upon the appropriations process, watching with great fascination as Congress goes about its business of making funds available to agencies. What happens after that point --the actual spending of money--rarely commands our attention." To unravel the mystery, Louis Fisher has investigated different forms of discretionary action: the transfer of funds that initially financed the Cambodian incursion; impoundment during the Nixon administration; covert financing; the reprogramming of funds; and unauthorized commitments. He describes each of these devices in operation and provides the historical background of Presidential spending power. In conclusion Louis Fisher presents a cogent and timely analysis of what can be done to improve Congressional control. Sufficient control, he maintains, cannot be achieved merely through the appropriations process, and he makes important recommendations designed to preserve discretionary authority while improving Congressional supervision. Originally published in 1975. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

A classic and bestselling work by one of America's top Constitutional scholars, "Presidential War Power" garnered the lead review in the "New York Times Book Review" and raised essential issues that have only become more timely, relevant, and controversial in our post-9/11 era.

In this third edition, Louis Fisher updates his arguments throughout, critiques the presidential actions of George W. Bush and Barack Obama, and challenges what he views as their dangerous expansion of executive power. Spanning the life of the Republic from the Revolutionary Era to the War on Terror, the new edition covers for the first time:

Indefinite detention of civilians and non-civilians without trial

-President Obama's failed effort to close Guantanamo

-NSA wiretapping and Fourth Amendment violations

-Presidential decision-making relating to the wind-down of the wars in Iraq and Afghanistan

-U.S. military operations against Libya in 2011

-Continued abuse of the state secrets privilege in national security court cases

-Secret legal memos justifying the use of UAVs or drones for targeted killings overseas

-Extended comparison of the expansion of executive power under George W. Bush and Barack Obama"

Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts.
This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.

Over three decades after its initial publication, Louis Fisher's durable classic remains at the head of its class--a book that "Congressional Quarterly" called "as close to being indispensable as anything published in this field." This newly revised sixth edition emphatically reinforces that sterling reputation.

Fisher dissects the crucial constitutional disputes between the executive and legislative branches of government from the Constitutional Convention through President Clinton's impeachment battles to the recent controversies over President Bush's conduct as commander in chief. He ventures beyond traditional discussions of Supreme Court decisions to examine the day-to-day working relationships between the president and Congress.

By analyzing a mixture of judicial pronouncements, executive acts, and legislative debates, Fisher pinpoints the critical areas of legislative-executive tension: appointment powers, investigatory powers, legislative and executive vetoes, the budgetary process, and war powers. He then examines these areas of tension within a concrete political and historical context.

To scholars, this book offers a comprehensive examination of the institutions and issues of public law. For practitioners, general readers, and students of American government, it demonstrates how constitutional issues shape and define current events.

The new edition covers for the first time:

* Obama's military decisions in Afghanistan and Iraq

* Military operations against Libya in 2011

* Threatened attacks on Syria in 2013

* Efforts to close Guantanamo

* Obama's recess appointments during a pro forma session

* "Fast and Furious" scandal: Holder's contempt and Obama's executive privilege

* The growth of presidential "czars"

* Executive branch secrecy and lack of accountability

* State Secrets Privilege after 9/11

* Distinguishing between "implied" powers (constitutional) and "inherent" powers (not constitutional)

* Pocket vetoes and the growth of "hybrid vetoes"

* New developments in the President's removal power"

Each year billions of dollars are diverted by the President and his assistants from the purposes for which Congress intended them. Billions more are used in confidential and covert ways, without the knowledge of Congress and the public. Here is the first account of how this money is actually spent. Louis Fisher writes: "When it comes to the administration of the budget, we find nothing that is obvious, very little that is visible. Our priorities here are peculiar. We fix upon the appropriations process, watching with great fascination as Congress goes about its business of making funds available to agencies. What happens after that point --the actual spending of money--rarely commands our attention." To unravel the mystery, Louis Fisher has investigated different forms of discretionary action: the transfer of funds that initially financed the Cambodian incursion; impoundment during the Nixon administration; covert financing; the reprogramming of funds; and unauthorized commitments. He describes each of these devices in operation and provides the historical background of Presidential spending power. In conclusion Louis Fisher presents a cogent and timely analysis of what can be done to improve Congressional control. Sufficient control, he maintains, cannot be achieved merely through the appropriations process, and he makes important recommendations designed to preserve discretionary authority while improving Congressional supervision. Originally published in 1975. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

It is widely believed that religious liberty is mainly protected by the independent judiciary, especially for religious denominations that represent a small minority. The view is that legislative bodies -- operating by majority vote -- cannot be expected to protect minority rights, and that judges have the independence and technical expertise to defend the constitutional rights of minorities. However, legislatures -- at both state and national level -- have done much to protect religious liberty, including the views of religious minorities. Even during the past half century, when the judicial record has measurably improved, individuals and private organisations, tend to turn to the elected officials for help, after being turned down by the courts. This book provides the reader with the means by which elected officials, especially members of Congress have protected religious liberty. The examples discussed in this book start with the statutory recognition of the rights of the conscientious objectors and moves to more recent disputes, including compulsory flag salutes, religious apparel in the military, school prayer, Indian religious beliefs and various statutory exemptions adopted by Congress and state legislature to provide a sturdy defence to religious liberty.

Can a U.S. president decide to hold suspected terrorists indefinitely without charges or secretly monitor telephone conversations and e-mails without a warrant in the interest of national security? Was the George W. Bush administration justified in authorising waterboarding? Was President Obama justified in ordering the killing, without trial or hearing, of a U.S. citizen suspected of terrorist activity? Defining the scope and limits of emergency presidential power might seem easy-just turn to Article II of the Constitution. But as Chris Edelson shows, the reality is complicated. In times of crisis, presidents have frequently staked out claims to broad national security power. Ultimately it is up to the Congress, the courts, and the people to decide whether presidents are acting appropriately or have gone too far. Drawing on excerpts from the U.S. Constitution, Supreme Court opinions, Department of Justice memos, and other primary documents, Edelson weighs the various arguments that presidents have used to justify the expansive use of executive power in times of crisis. Emergency Presidential Power uses the historical record to evaluate and analyse presidential actions before and after the terrorist attacks of September 11, 2001. The choices of the twenty-first century, Edelson concludes, have pushed the boundaries of emergency presidential power in ways that may provide dangerous precedents for current and future commanders-in-chief.

Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there-claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.

Who makes constitutional law? Is constitutional doctrine the monopoly of the courts? In accessible and persuasive prose Louis Fisher explains that constitutional law is not solely or even primarily the Supreme Court's "final word" but rather a richly political convergence of separate interpretations. With a broad range of examples, he argues that constitutional principles emerge from a dialogue among all three branches of government--executive, legislative, and judicial. Important contributions also come from the states and the general public. Fisher identifies executive and legislative initiatives in many areas of constitutional significance. Where there is litigation, the Court generally upholds these initiatives or may avoid making a constitutional decision by using "threshold devices." On those rare occasions when the Supreme Court exercises judicial review and strikes down a presidential or congressional action, it is usually only a matter of time before the proposal is revived and the dialogue begins again. Originally published in 1988. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

On November 13, 2001, President George W. Bush issued a military order to provide for the detention, treatment, and trial of those who assisted the terrorist attacks on the two World Trade Center buildings in New York City and the Pentagon on September 11. In creating a military commission (tribunal) to try the terrorists, President Bush modeled his tribunal in large part on a proclamation and military order issued by President Franklin D. Roosevelt in 1942, after the capture of eight German saboteurs. This report describes the procedures used by the World War II military tribunal to try the eight Germans, the habeas corpus petition to the Supreme Court, and the resulting convictions and executions. Why was the tribunal created, and why were its deliberations kept secret? How have scholars evaluated the Court's decision in Ex parte Quirin (1942)? The decision was unanimous, but archival records reveal division and disagreement among the Justices. Also covered in this report is a second effort by Germany two years later to send saboteurs to the United States. The two men captured in this operation were tried by a military tribunal, but under conditions and procedures that substantially reduced the roles of the President ...

Federal judges, legal scholars, pundits, and reporters frequently describe the Supreme Court as the final word on the meaning of the Constitution. The historical record presents an entirely different picture. A close and revealing reading of that record, from 1789 to the present day, Reconsidering Judicial Finality reminds us of the “unalterable fact,” as Chief Justice Rehnquist once remarked, “that our judicial system, like the human beings who administer it, is fallible.” And a Court inevitably prone to miscalculation and error, as this book clearly demonstrates, cannot have the incontrovertible last word on constitutional questions.In this deeply researched, sharply reasoned work of legal myth-busting, constitutional scholar Louis Fisher explains how constitutional disputes are settled by all three branches of government, and by the general public, with the Supreme Court often playing a secondary role. The Court’s decisions have, of course, been challenged and reversed in numerous cases—involving slavery, civil rights, child labor legislation, Japanese internment during World War II, abortion, and religious liberty. What Fisher shows us on a case-by-case basis is how the elected branches, scholars, and American public regularly press policies contrary to Court rulings—and regularly prevail, although the process might sometimes take decades. From the common misreading of Marbury v. Madison, to the mistaken understanding of the Supreme Court as the trusted guardian of individual rights, to the questionable assumptions of the Court’s decision in Citizens United, Fisher’s work charts the distance and the difference between the Court as the ultimate arbiter in constitutional matters and the judgment of history. The verdict of Reconsidering Judicial Finality is clear: to treat the Supreme Court’s nine justices as democracy’s last hope or as dangerous activists undermining democracy is to vest them with undue significance. The Constitution belongs to all three branches of government—and, finally, to the American people.