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The theory of the unitary executive is one of the most
controversial and significant constitutional doctrines of the past
several decades. It holds that the U.S. president alone embodies
all executive power and therefore has unlimited ability to direct
the many people and institutions within the federal government's
vast executive branch. It thus justifies the president's
prerogative to organize the executive branch and to direct its
activities, to tell executive personnel what to do and to fire them
if desired, to control the flow of information, and to issue
signing statements that make judgments about constitutionality and
determine the extent to which laws will be implemented. In some
versions, it also endorses implied or inherent powers and permits
the president to completely control foreign policy and military
action. Proponents say this conception of the presidential office
is faithful to the Constitution, facilitates the sort of energetic
executive that Alexander Hamilton argued for, and enhances
administrative efficacy and political accountability for
governance. Critics say this arrangement is constitutionally
inaccurate, is belied by historical practice and legal precedents,
and is dangerously close to the monarchical power that provoked the
American Revolution - and can be especially threatening in the era
of Donald Trump. This book examines how controversies about unitary
executive power have played out from the founding era to the
present day with a focus on recent presidents, it explores
arguments both for and against the unitary executive theory, and it
looks ahead to future implications for American politics.
The theory of the unitary executive is one of the most
controversial and significant constitutional doctrines of the past
several decades. It holds that the U.S. president alone embodies
all executive power and therefore has unlimited ability to direct
the many people and institutions within the federal government's
vast executive branch. It thus justifies the president's
prerogative to organize the executive branch and to direct its
activities, to tell executive personnel what to do and to fire them
if desired, to control the flow of information, and to issue
signing statements that make judgments about constitutionality and
determine the extent to which laws will be implemented. In some
versions, it also endorses implied or inherent powers and permits
the president to completely control foreign policy and military
action. Proponents say this conception of the presidential office
is faithful to the Constitution, facilitates the sort of energetic
executive that Alexander Hamilton argued for, and enhances
administrative efficacy and political accountability for
governance. Critics say this arrangement is constitutionally
inaccurate, is belied by historical practice and legal precedents,
and is dangerously close to the monarchical power that provoked the
American Revolution - and can be especially threatening in the era
of Donald Trump. This book examines how controversies about unitary
executive power have played out from the founding era to the
present day with a focus on recent presidents, it explores
arguments both for and against the unitary executive theory, and it
looks ahead to future implications for American politics.
In vast swathes of America, the sacredness of the Second Amendment
has become a political third rail, never to be questioned. Gun
rights supporters wear tri-cornered hats, wave the stars and
stripes, and ask what would have happened if the revolutionaries
had been unarmed when the British were coming. They have had great
success in conflating unfettered gun ownership with the Founding
Fathers, the Constitution, and all things American, even in an era
of repeated mass shootings. Yet the all-to-familiar narrative of
America's gun past, echoed in the Supreme Court's Heller gun rights
decision, is not only mythologized, but historically wrong. As
Robert J. Spitzer demonstrates in Guns across America, gun
ownership is as old as the nation, but so is gun regulation.
Drawing on a vast new dataset of early gun laws reflecting every
imaginable type of regulation, Spitzer reveals that firearms were
actually more strictly regulated in the country's first three
centuries than in recent years. The first 'gun grabbers' were not
1960's Chablis-drinking liberals, but seventeenth century
rum-guzzling pioneers, and their legacy continued through strict
gun regulations in the 1920s and beyond. Spitzer examines
interpretations of the Second Amendment, the assault weapons
controversy, modern 'stand your ground" laws, and the so-called
'right of rebellion' to show that they play out in America's
contemporary political landscape in ways that bear little
resemblance to our imagined past. And as gun rights proponents seek
to roll back gun laws and press as many guns into as many hands as
possible, warning that gun rights are endangered, they sidestep the
central question: are stricter gun laws incompatible with robust
gun rights? Spitzer answers this question by examining New York
State's tough gun laws, where his political analysis is
complemented by his own quest for a concealed carry handgun permit
and construction of a legal AR-15 assault weapon. Not only can gun
rights and rules coexist, but they have throughout American
history. Guns across America reveals the long-hidden truth: that
gun regulations are in fact as American as apple pie.
Fr. Spitzer, President of Gonzaga University and a highly regarded
spiritual teacher and writer, presents a practical, yet rich guide
for helping busy people develop a regular and deeper prayer life.
Based on many successful retreats and seminars he has given to much
acclaim over the years, this brilliant Jesuit priest presents five
essential means through which the contemplative and active aspects
of our lives can be fused together for a stronger spiritual life.
Gun ownership is as old as the nation, but, as Robert J. Spitzer
demonstrates in Guns across America, so is gun regulation. In vast
swathes of America, the sanctity of the Second Amendment has become
a political third rail, never to be questioned, yet by employing
new research on early gun laws, Spitzer reveals that firearms were
in fact more strictly regulated in the country's first three
centuries than in recent years. The first "gun grabbers" were not
1960s Chablis-drinking liberals, but seventeenth century
rum-guzzling pioneers, and their legacy continued through strict
gun regulations into the 1920s and beyond. Indeed, as gun rights
proponents seek to roll back gun laws and press guns into as many
hands as possible, warning that gun rights are endangered, they
sidestep the central question: are stricter gun laws incompatible
with robust gun rights? Spitzer answers this question by examining
New York State's tough gun laws, where his political analysis is
complemented by his own quest for a concealed carry handgun permit
and construction of a legal AR-15 assault weapon. Not only can gun
rights and rules coexist, but they have throughout American
history. Guns across America reveals the long-obscured truth: gun
regulations are in fact as American as apple pie.
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