Constitutional Conflicts between Congress and the President
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 Guantánamo
* 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
1119276473
Constitutional Conflicts between Congress and the President
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 Guantánamo
* 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
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Constitutional Conflicts between Congress and the President

Constitutional Conflicts between Congress and the President

by Louis Fisher
Constitutional Conflicts between Congress and the President

Constitutional Conflicts between Congress and the President

by Louis Fisher

Paperback(Revised)

$29.99 
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Overview

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 Guantánamo
* 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

Product Details

ISBN-13: 9780700619986
Publisher: University Press of Kansas
Publication date: 08/29/2014
Edition description: Revised
Pages: 384
Product dimensions: 6.00(w) x 8.90(h) x 1.00(d)

About the Author

Louis Fisher, Scholar in Residence at the Constitution Project, previously worked for four decades at the Library of Congress as Senior Specialist in Separation of Powers and as Specialist in Constitutional Law. His many books include Presidential War Power, In the Name of National Security: Unchecked Presidential Power and the Reynolds Case, and Military Tribunals and Presidential Power, winner of the Richard E. Neustadt Award.

Table of Contents

Preface

Note on Citations

1. Constitutional Struggles

-The Elements of Constitutionalism

-The Doctrine of Separated Powers

-Implied 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

-The Congressional Presence

4. Legislative Powers

-Delegation

-Checks on Delegated Power

-Domain of Foreign Policy

-Nonstatutory Controls

-Administrative Legislation

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: Seeing 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 Powers

-Life-and-Property Actions

-Delegated Emergency Powers

-Contemporary War Powers

-The War Powers Resolutions

-Military Initiatives from Ford to Clinton

-Terrorist Attacks of 9/11

-The Politics of Comity

10. Conclusion

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

Suggested Readings

Index of Cases

Subject Index

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