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Democracy’s Chief Executive

2022-05-24 Law
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Release : 2022-05-24
Genre : Law
Kind : eBook
Book Rating : 916/5 ( reviews)

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Book Synopsis Democracy’s Chief Executive by : Peter M Shane

Download or read book Democracy’s Chief Executive written by Peter M Shane. This book was released on 2022-05-24. Available in PDF, EPUB and Kindle. Book excerpt: Legal scholar Peter M. Shane confronts U.S. presidential entitlement and offers a more reasonable way of conceptualizing our constitutional presidency in the twenty-first century. In the eyes of modern-day presidentialists, the United States Constitution’s vesting of “executive power” means today what it meant in 1787. For them, what it meant in 1787 was the creation of a largely unilateral presidency, and in their view, a unilateral presidency still best serves our national interest. Democracy’s Chief Executive challenges each of these premises, while showing how their influence on constitutional interpretation for more than forty years has set the stage for a presidency ripe for authoritarianism. Democracy’s Chief Executive explains how dogmatic ideas about expansive executive authority can create within the government a psychology of presidential entitlement that threatens American democracy and the rule of law. Tracing today’s aggressive presidentialism to a steady consolidation of White House power aided primarily by right-wing lawyers and judges since 1981, Peter M. Shane argues that this is a dangerously authoritarian form of constitutional interpretation that is not even well supported by an originalist perspective. Offering instead a fresh approach to balancing presidential powers, Shane develops an interpretative model of adaptive constitutionalism, rooted in the values of deliberative democracy. Democracy’s Chief Executive demonstrates that justifying outcomes explicitly based on core democratic values is more, not less, constraining for judicial decision making—and presents a model that Americans across the political spectrum should embrace.

Democracy’s Chief Executive

2022-05-10 Law
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Release : 2022-05-10
Genre : Law
Kind : eBook
Book Rating : 908/5 ( reviews)

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Book Synopsis Democracy’s Chief Executive by : Peter M Shane

Download or read book Democracy’s Chief Executive written by Peter M Shane. This book was released on 2022-05-10. Available in PDF, EPUB and Kindle. Book excerpt: Legal scholar Peter M. Shane confronts U.S. presidential entitlement and offers a more reasonable way of conceptualizing our constitutional presidency in the twenty-first century. In the eyes of modern-day presidentialists, the United States Constitution’s vesting of “executive power” means today what it meant in 1787. For them, what it meant in 1787 was the creation of a largely unilateral presidency, and in their view, a unilateral presidency still best serves our national interest. Democracy’s Chief Executive challenges each of these premises, while showing how their influence on constitutional interpretation for more than forty years has set the stage for a presidency ripe for authoritarianism. Democracy’s Chief Executive explains how dogmatic ideas about expansive executive authority can create within the government a psychology of presidential entitlement that threatens American democracy and the rule of law. Tracing today’s aggressive presidentialism to a steady consolidation of White House power aided primarily by right-wing lawyers and judges since 1981, Peter M. Shane argues that this is a dangerously authoritarian form of constitutional interpretation that is not even well supported by an originalist perspective. Offering instead a fresh approach to balancing presidential powers, Shane develops an interpretative model of adaptive constitutionalism, rooted in the values of deliberative democracy. Democracy’s Chief Executive demonstrates that justifying outcomes explicitly based on core democratic values is more, not less, constraining for judicial decision making—and presents a model that Americans across the political spectrum should embrace.

Democracy and Executive Power

2021-10-26 Law
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Release : 2021-10-26
Genre : Law
Kind : eBook
Book Rating : 477/5 ( reviews)

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Book Synopsis Democracy and Executive Power by : Susan Rose-Ackerman

Download or read book Democracy and Executive Power written by Susan Rose-Ackerman. This book was released on 2021-10-26. Available in PDF, EPUB and Kindle. Book excerpt: A defense of regulatory agencies’ efforts to combine public consultation with bureaucratic expertise to serve the interest of all citizens The statutory delegation of rule-making authority to the executive has recently become a source of controversy. There are guiding models, but none, Susan Rose-Ackerman claims, is a good fit with the needs of regulating in the public interest. Using a cross-national comparison of public policy-making in the United States, the United Kingdom, France, and Germany, she argues that public participation inside executive rule-making processes is necessary to preserve the legitimacy of regulatory policy-making.

The Presidential Republic

1997 Biography & Autobiography
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Release : 1997
Genre : Biography & Autobiography
Kind : eBook
Book Rating : 789/5 ( reviews)

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Book Synopsis The Presidential Republic by : Gary L. Gregg

Download or read book The Presidential Republic written by Gary L. Gregg. This book was released on 1997. Available in PDF, EPUB and Kindle. Book excerpt: For two centuries, American presidents have considered themselves to be representatives of the American people. In this detailed study of presidential representation, Gary Gregg explores the theory, history, and consequences of presidents acting as representatives in the American political system. Gregg explores questions such as what it means to be a representative, how the Founding Fathers understood the place of the presidency in the Republic established by the Constitution, and the effects a representational presidency has on deliberative democracy. This important examination of the presidency's place in our political system is essential reading for those interested in American political theory, constitutional studies, and American history.

The Specter of Dictatorship

2021-07-20 Law
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Release : 2021-07-20
Genre : Law
Kind : eBook
Book Rating : 620/5 ( reviews)

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Book Synopsis The Specter of Dictatorship by : David M. Driesen

Download or read book The Specter of Dictatorship written by David M. Driesen. This book was released on 2021-07-20. Available in PDF, EPUB and Kindle. Book excerpt: Reveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.

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