Constitutional Conflicts between Congresss and the President / Edition 5

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Overview


Nearly 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 and updated fifth 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. "Presents a set of issues, themes, questions, and arguments that will continue to be of fundamental interest to constitutional scholars in particular and political scientists in general."-George C. Edwards III, author of Presidential Leadership "An extremely worthwhile book, adaptable to a variety of courses."-Jeffrey K. Tulis, author of The Rhetorical Presidency New material in this edition:
• Post-9/11 wars in Afghanistan and Iraq
• Military tribunals and NSA eavesdropping
• Kosovo war in 1999
• Impeachment of President Clinton
• Termination of ABM treaty
• Controversies over appointments and removals
• Disputes over executive orders and proclamations
• Presidential signing statements
• Developments with item veto and pocket veto
• Public access to intelligence budgets
• FBI search warrant of congressman's office
• State secrets privilege
• Presidential and vice-presidential immunity

A book that pinpoints the tension between the Congress and the President as it has worked out in history.

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Editorial Reviews

Choice
The preeminent treatise on the separation of powers, Fisher's book is constitutional scholarship at its best.
Booknews
In this extensively revised edition of his classic study (originally published in 1978), Fisher examines this complex relationship between the executive and legislative branches of government from the Constitutional Convention through the beginning of the Bush administration, venturing beyond traditional discussions of Supreme Court decisions to examine the day-to-day working relationships between the president and Congress. Paper edition (unseen), $14.95. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9780700615346
  • Publisher: University Press of Kansas
  • Publication date: 7/24/2007
  • Edition description: Revised
  • Edition number: 5
  • Pages: 344
  • Product dimensions: 6.00 (w) x 9.00 (h) x 0.77 (d)

Meet the Author

Louis Fisher is a senior scholar in the Law Library at the Library of Congress and author of more than a dozen books, including Presidential War Power, In the Name of National Security, and Military Tribunals and Presidential Power, winner of the Richard E. Neustadt Award.
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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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