Constitutional Conflicts between Congresss and the President / Edition 5

Constitutional Conflicts between Congresss and the President / Edition 5

by Louis Fisher
     
 

A classic on the separation of powers, this book dissects the crucial constitutional disputes between the executive and legislative branches from the Constitutional Convention to the present day. New material includes military tribunals and NSA eavesdropping, disputes over executive orders, state secrets privilege, and post-9/11 wars in Afghanistan and Iraq.See more details below

Overview

A classic on the separation of powers, this book dissects the crucial constitutional disputes between the executive and legislative branches from the Constitutional Convention to the present day. New material includes military tribunals and NSA eavesdropping, disputes over executive orders, state secrets privilege, and post-9/11 wars in Afghanistan and Iraq.

Product Details

ISBN-13:
9780700615346
Publisher:
University Press of Kansas
Publication date:
07/24/2007
Edition description:
Revised
Pages:
344
Product dimensions:
6.00(w) x 9.00(h) x 0.77(d)

Table of Contents

Preface

Note on Citations

Chapter 1. Constitutional Struggles

-The Elements of Constitutionalism

-The Doctrine of Separated Powers

-Implied Powers

-Custom and Acquiescence

Chapter 2. Appointment Powers

-Basic Principles

-The Power to Nominate

-Senate Advice and Consent

-Recess Appointments

-Temporary Appointments

Chapter 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

-The Congressional Presence

Chapter 4. Legislative Powers

-Delegation

-Checks on Delegated Power

-Nonstatutory Controls

-Administrative Legislation

Chapter 5. Vetoes: Presidential and Legislative

-The Presidential Veto

-Signing Statements

-Pocket Vetoes

-The Item Veto

-The Legislative Veto

-Chadha and Beyond

Chapter 6. Power over Knowledge: Seeking and Withholding Information

-Congressional Investigations

-The Speech or Debate Clause

-Presidential Immunity

-Impeachment

-Executive Privilege

Chapter 7. The Power of the Purse

-Constitutional Limitations

-Presidential Responsibility for Estimates

-Congressional Revision of Estimates

-The Budge Act of 1974

-Secret Spending

-Combining Purse and Sword: The Iran-Congra Affair

Chapter 8. Treaties and Executive Agreements

-Treaties

-The Role of the House

-Treaty Termination

-Treaty Reinterpretations

-Executive Agreements

Chapter 9. The War Power

-Commander in Chief

-Emergency 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

-The Politics of Comity

Chapter 10. Conclusions

Appendix: The Constitution of the United States of America (Selections)

Suggested Readings

Index of Cases

Subject Index

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