The Unitary Executive and the Modern Presidency

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Former Library book. Shows some signs of wear, and may have some markings on the inside. 100% Money Back Guarantee. Shipped to over one million happy customers. Your purchase ... benefits world literacy! Read more Show Less

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Overview

Constitutional Interpretations have political implications. Especially in the ongoing debate over limits on the powers of the executive branch, those on both sides of the issue base their claims on their understandings of the Constitution's granting or withholding of executive authority. In this groundbreaking collection of studies, eleven presidential scholars examine for the first time the origins, development, use, and future of the unitary executive theory, a concept frequently cited during the presidency of George W. Bush.

Despite the attention the unitary executive theory received as a result of controversial actions undertaken by the Bush administration, the contributors to this volume believe the concept continues to be largely misunderstood. Mainstream thinking about contemporary presidential power focuses on each individual president's ability to bargain and persuade Congress, the press, and the public. The Unitary Executive and the Modern Presidency, in contrast, places an institutional lens on the topic. It examines how the concept became a recognized constitutional theory of presidential authority, how it has evolved, how it has been employed by presidents of both parties, and how its use has affected and been affected by U.S. politics. This book also examines the constitutional, political, and even psychological impact of the last thirty years of turmoil in the executive branch and the ways that controversy has altered both the exercise and the public's view of presidential power.

The Unitary Executive and the Modern Presidency is an important work for presidential scholars, students of politics and political historians, interested general readers, and anyone seeking an understanding of the modern development and uses of presidential power.

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Editorial Reviews

SUNY Cortland

"This book is a necessary and needed antidote to the confusion over the unitary executive. Its wide-ranging and fair-minded essays offer, for the first time, a balanced and nuanced exploration of this controversial theory of executive power. No student of the presidency should be without it."--Robert Spitzer, distinguished service professor of political science, SUNY Cortland, and author, Saving the Constitution from Lawyers

— Robert Spitzer

SUNY Cortland - Robert Spitzer

"This book is a necessary and needed antidote to the confusion over the unitary executive. Its wide-ranging and fair-minded essays offer, for the first time, a balanced and nuanced exploration of this controversial theory of executive power. No student of the presidency should be without it."--Robert Spitzer, distinguished service professor of political science, SUNY Cortland, and author, Saving the Constitution from Lawyers
Professor of Political Science, Loyola University Chicago - Raymond Tatalovich

“This volume is a powerful antidote to the disinformation propagated by the mass media, so-called political pundits, and ideological combatants. The unitary executive was not hatched in the inner sanctums of the George W. Bush White House, as conspiracy buffs would have us believe, but has its origins in the constitutional fabric of the founding. Critics who bemoan the rise of the unitary executive are simply striking out at political windmills, because the modern presidency is the cause and consequence of this growth in presidential power. Barilleaux, Kelley, and their collaborators have set the historical record straight, and the essays in this volume ought to be required reading for political scientists, journalists, historians, interested citizens, and especially law professors. The unitary executive is here to stay.”—Raymond Tatalovich, Professor of Political Science, Loyola University Chicago
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Product Details

Meet the Author

Ryan J. Barilleaux is professor of political science at Miami University, Oxford, Ohio. He is the author or editor of seven other books on the presidency and American politics, including Power and Prudence: The Presidency of George H. W. Bush (with Mark Rozell, Texas A&M University Press, 2004). He served previously on the staff of the U.S. Senate. Christopher S. Kelley is an adjunct assistant professor of political science at Miami University. His research on presidential signing statements has been widely cited by scholars, government officials, and journalists.

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Table of Contents

Preface and Acknowledgments ix

Introduction: What Is the Unitary Executive? Ryan J. Barilleaux Christopher S. Kelley 1

Part I An Overview of the Unitary Executive

The Unitary Executive: Ideology versus the Constitution Louis Fisher 17

Executive Unilateralism in the Ford and Carter Presidencies Ryan J. Barilleaux David Zellers 41

The Unitary Executive and Review of Agency Rulemaking Melanie Marlowe 77

The Unitary Executive and the Clinton Administration Christopher S. Kelley 107

Part II The Unitary Executive and the George W. Bush Presidency

Foundations of the Unitary Executive of George W. Bush Michael A. Genovese 125

The Unitary Executive and Secrecy in the Bush Presidency: The Case of the Energy Task Force Controversy Mitchel A. Sollenberger Mark J. Rozell 145

Warrantless Surveillance and the Warrantless Presidency Richard M. Pious 163

Aiding and Abetting: Congressional Complicity in the Rise of the Unitary Executive Bryan W. Marshall Patrick J. Haney 188

Part III Conclusion

Going Forward: The Unitary Executive, Presidential Power, and the Twenty-first Century Presidency Ryan J. Barilleaux Christopher S. Kelley 219

Contributors 231

Index 233

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