The Constitutional Presidency

Overview

Since 1981, when Joseph M. Bessette and Jeffrey K. Tulis first published The Presidency in the Constitutional Order, the study of the constitutional powers of the presidency has advanced considerably. This volume continues the conversation.

After introducing and identifying the main approaches to the study of the constitutional presidency and the nature of executive power, Bessette and Tulis, along with other ...

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Overview

Since 1981, when Joseph M. Bessette and Jeffrey K. Tulis first published The Presidency in the Constitutional Order, the study of the constitutional powers of the presidency has advanced considerably. This volume continues the conversation.

After introducing and identifying the main approaches to the study of the constitutional presidency and the nature of executive power, Bessette and Tulis, along with other constitutional scholars, cover a wide range of topics, including the following:

The logic and meaning of Article II of the Constitution

The constitutional and political debate over Washington's Proclamation of Neutrality of 1793

The contribution of Theodore Roosevelt and William Howard Taft to the constitutional foundations of the modern presidency

The controversy over the presidential election of 2000 and the Supreme Court's decision in Bush v. Gore

Military tribunals and the war on terrorism

Executive orders and executive privilege

Demagoguery in democratic regimes

Conjoining political and legal modes of analysis, the book shows how constitutional interpretation is indispensable to an adequate description of political behavior and serves as the source of standards for evaluating presidential conduct.

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What People Are Saying

Beau Breslin

A wonderful collection that will generate new interest in the ways in which American presidents work under our constitutional structure. The scholarship is sound and the approach is fundamental to our continuing understanding of the political landscape.

Beau Breslin, author of From Worlds to Worlds: Exploring Constitutional Functionality

Louis Fisher

Once again Bessette and Tulis combine their considerable talents to publish a thoughtful collection of essays that explore the reach of presidential power. They underscore that scholarly efforts to study political behavior must carefully consider constitutional sources and limits.

Louis Fisher, author of The Constitution and 9/11: Recurring Threats to America's Freedoms

Sidney M. Milkis

Joseph Bessette and Jeffrey Tulis have assembled a cast of leading scholars and fresh voices who show that the promise and perils of executive power rest in the president’s ever changing relationship to the Congress, the Courts, and public opinion. The Constitutional Presidency is must reading for scholars and students who want to understand the executive’s critical, uneasy place in the American political system.

Sidney M. Milkis, University of Virginia

Sidney M. Milkis

Joseph Bessette and Jeffrey Tulis have assembled a cast of leading scholars and fresh voices who show that the promise and perils of executive power rest in the president’s ever changing relationship to the Congress, the Courts, and public opinion. The Constitutional Presidency is must reading for scholars and students who want to understand the executive’s critical, uneasy place in the American political system.

Beau Breslin

A wonderful collection that will generate new interest in the ways in which American presidents work under our constitutional structure. The scholarship is sound and the approach is fundamental to our continuing understanding of the political landscape.

Louis Fisher

Once again Bessette and Tulis combine their considerable talents to publish a thoughtful collection of essays that explore the reach of presidential power. They underscore that scholarly efforts to study political behavior must carefully consider constitutional sources and limits.

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Product Details

Meet the Author

Joseph M. Bessette is the Alice Tweed Tuohy Professor of Government and Ethics at Claremont McKenna College and author of The Mild Voice of Reason: Deliberative Democracy and American National Government. Jeffrey K. Tulis is Associate Professor of Government at the University of Texas at Austin, author of The Rhetorical Presidency, and coeditor of The Johns Hopkins Series in Constitutional Thought.

Johns Hopkins University Press

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Table of Contents

Preface vii

1 On the Constitution, Politics, and the Presidency Joseph M. Bessette Jeffrey K. Tulis 1

2 The Powers and Duties of the President: Recovering the Logic and Meaning of Article II Joseph M. Bessette Gary J. Schmitt 28

3 President Washington's Proclamation of Neutrality Gary J. Schmitt 54

4 Theodore Roosevelt and William Howard Taft: The Constitutional Foundations of the Modern Presidency Lance Robinson 76

5 Constitutional Controversy and Presidential Election: Bush v. Gore David K. Nichols 96

6 Military Tribunals, Prerogative Power, and the War on Terrorism Richard M. Pious 123

7 Executive Orders Kenneth R. Mayer 149

8 Budget Power, Constitutional Conflicts, and the National Interest Jasmine Farrier 173

9 Executive Privilege David A. Crockett 203

10 Impeachment in the Constitutional Order Jeffrey K. Tulis 229

11 Demagoguery, Statesmanship, and Presidential Politics James W. Ceaser 247

Notes 289

Contributors 351

Index 353

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