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Title:
Constitutional conflicts between Congress and the President / Louis Fisher.
Author:
Fisher, Louis, author.
Publication Information:
Lawrence, Kansas : University Press of Kansas, [2014]
Call Number:
KF4565 .F57 2014
Abstract:
"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"-- Provided by publisher.

"The latest version of a classic. New edition includes for first time coverage of: Obama's military decisions in Iraq and Afghanistan; military operations against Libya in 2011; efforts to close Guantanamo; threatened attacks on Syria in 2013; "Fast and Furious" scandal: Attorney General Holder's contempt and Obama's use of executive privilege; Obama's recess appointments during a pro forma session; Obama's reliance on executive branch secrecy and the so-called "state secrets privilege;" the lack of presidential accountability; a new analysis of the differences between "implied" powers (constitutional) and "inherent" powers (not constitutional); the growth in presidential "czar" appointments; the use of pocket vetoes and "hybrid vetoes"; and new developments in the president's removal power"-- Provided by publisher.
Edition:
Sixth edition, revised.
ISBN:
9780700619979

9780700619986
Physical Description:
xiii, 367 pages ; 24 cm
Contents:
1. Constitutional struggles : The elements of constitutionalism ; The doctrine of separated powers ; Implied powers ; Inherent powers ; Custom and acquiescence -- 2. Appointment powers : basic principles ; The power to nominate ; Senate advice and consent ; Recess appointments ; Temporary appointments -- 3. Theory in a crucible: the removal power : The "Decision of 1789" ; Controversies from Jackson to Cleveland ; Court interpretations: 1789 to 1926 ; The Myers case and its progeny ; Independent commissions ; Disloyalty dismissals and procedural safeguards ; Removal actions from Nixon to Bush I ; Clinton's Travelgate ; George W. Bush ; Double for-cause removal ; The congressional presence -- 4. Legislative powers : Delegation ; Judicial checks on delegated power ; Domain of foreign affairs ; Nonstatutory controls ; Administrative regulation -- 5. Vetoes: presidential and legislative : The presidential veto ; Signing statements ; pocket vetoes ; The item veto ; The legislative veto ; Chadha and beyond -- 6. Power over knowledge: seeking and withholding information : Congressional investigations ; The speech or debate clause ; Presidential immunity ; Impeachment ; Executive privilege -- 7. The power of the purse : Constitutional limitations ; Presidential responsibility for estimates ; Congressional revision of estimates ; Impact of the 1974 Budget Act ; Secret spending ; Combining purse and sword: the Iran-Contra Affair -- 8. Treaties and executive agreements : Treaties ; The role of the House ; Treaty termination ; Treaty reinterpretation ; Executive agreements -- 9. The war power : Commander in Chief ; Emergency and prerogative powers ; Life-and-property actions ; Delegated emergency powers ; Contemporary war powers ; The war powers resolution ; Military initiatives from Ford to Clinton ; Terrorist attacks of 9/11 ; Obama's use of military force ; The politics of comity -- 10. Conclusions -- Appendix: The Constitution of the United States of America (selections).
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