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"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: "
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.
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.
"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."
"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: "
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Freedom and the Rule of Law (Hardcover)
Anthony A Peacock; Contributions by Bradley C. S Watson, Edward Whelan, Jeremy Rabkin, Joseph Postell, …
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R2,903
Discovery Miles 29 030
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Ships in 12 - 17 working days
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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.
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.
The application of the Political Question Doctrine is at a crucial
crossroads as the Supreme Court continues to test new "War on
Terrorism" initiatives. Historically, the political question
doctrine has held the courts from resolving constitutional issues
that are better left to other departments of government, as a way
of maintaining the system of checks and balances. However, the
doctrine's many ambiguities have allowed a roughly defined
juxtaposition of the branches of government during previous years
when the Republic was concerned with both international matters and
those within its continental confines. The Political Question
Doctrine and the Supreme Court of the United States discusses the
gradual changes in the parameters of the doctrine, including its
current position dealing with increasingly extraterritorial
concerns. Nada Mourtada-Sabbah and Bruce E. Cain bring together
critical essays that examine the broad issues of judicial
involvement in politics and the future of the doctrine. With a wide
range of historical and theoretical perspectives, this book will
stimulate debate among those interested in political science and
legal studies.
The application of the Political Question Doctrine is at a crucial
crossroads as the Supreme Court continues to test new 'War on
Terrorism' initiatives. Historically, the political question
doctrine has held the courts from resolving constitutional issues
that are better left to other departments of government, as a way
of maintaining the system of checks and balances. However, the
doctrine's many ambiguities have allowed a roughly defined
juxtaposition of the branches of government during previous years
when the Republic was concerned with both international matters and
those within its continental confines. The Political Question
Doctrine and the Supreme Court of the United States discusses the
gradual changes in the parameters of the doctrine, including its
current position dealing with increasingly extraterritorial
concerns. Nada Mourtada-Sabbah and Bruce E. Cain bring together
critical essays that examine the broad issues of judicial
involvement in politics and the future of the doctrine. With a wide
range of historical and theoretical perspectives, this book will
stimulate debate among those interested in political science and
legal studies.
"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.
It is widely held that foreign affairs, and more particularly
issues of war and peace, lie beyond the scope of judicial scrutiny.
In the recent case of Campbell v. Clinton, Judges Silberman and
Tatel took diametrically opposite positions on the issue. A
concurrence by Judge Silberman contended that war power disputes
may not be decided by federal courts, while Judge Tatel insisted
that the record demonstrates that federal courts have always felt
comfortable and competent to adjudicate a number of war/ power
issues. Resorting to one or more of the various threshold tests at
their disposal, including the political question doctrine, federal
courts may decline adjudication on sensitive and discretionary
matters. To avoid placing their oar in murky waters, the courts, it
is commonly believed, decline to pass on the validity of war/power
issues, thus failing by the same token to perform their role as an
independent check on the political branches. Moreover, when they do
adjudicate such issues, they are said to usually uphold the actions
of the executive branch. A closer scrutiny of case law, however,
reveals the record to be more complex. It is by no means a foregone
conclusion that courts lie back or shy away from war/power
disputes. A number of private citizens and private corporations
have taken war/power issues into the courts and had their disputes
adjudicated, often decided against the President. Lawsuits brought
by Members of Congress, are less likely to succeed. They reveal a
fairly constant and consistent trend on the part of the judiciary:
the courts will perform their traditional constitutional role as a
n independent check if the political branches defend their own
prerogatives. Lawsuits brought by individual members of Congress
are likely to be adjudicated by the courts unless Congress, as an
institution, ahs confronted the President. The focus of this book
is on cases involving presidential and congressional use of
military force in armed conflicts. Several cases dealing with
private parties and insurance companies are included because life
insurance policies may require courts to decide when the nation is
'at war', or when there is an 'act of war', and when the country is
'engaged' in war. The courts have addressed the issue of war in
various contexts and a variety of issues, some more significant
than others, for two centuries. This book summarises this ongoing
judicial record.
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.
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.
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.
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 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.
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.
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 ...
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