The Law of the Executive Branch: Presidential Power

Paperback | December 2, 2015

byLouis Fisher

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The scope of presidential authority has been a constant focus of constitutional dispute since the Framing. The bases for presidential appointment and removal, the responsibility of the Executive to choose between the will of Congress and the President, the extent of unitary powers over themilitary, even the ability of the President to keep secret the identity of those consulted in policy making decisions have all been the subject of intense controversy. The scope of that power and the manner of its exercise affect not only the actions of the President and the White House staff, butalso all staff employed by the executive agencies. There is a clear need to examine the law of the entire executive branch.The Law of the Executive Branch: Presidential Power, places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. In this book, Louis Fisher strives to separate legitimate from illegitimate sources of power,through analysis that is informed by litigation as well as shaped by presidential initiatives, statutory policy, judicial interpretations, and public and international pressures. Each provision of the US Constitution is analyzed to reveal its contemporary meaning in concert with the application ofpresidential power. Controversial issues covered in the book include: unilateral presidential wars; the state secrets privilege; extraordinary rendition; claims of "inherent" presidential powers that may not be checked by other branches; and executive privilege.

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The scope of presidential authority has been a constant focus of constitutional dispute since the Framing. The bases for presidential appointment and removal, the responsibility of the Executive to choose between the will of Congress and the President, the extent of unitary powers over themilitary, even the ability of the President to ...

Louis Fisher is Scholar in Residence at the Constitution Project. Previously he worked for four decades at the Library of Congress as Senior Specialist in Separation of Powers (Congressional Research Service, from 1970 to 2006); and Specialist in Constitutional Law (Law Library, from 2006 to 2010). During his service with CRS he was re...

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Format:PaperbackDimensions:494 pages, 9.88 × 7.01 × 0.98 inPublished:December 2, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199382115

ISBN - 13:9780199382118

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Table of Contents

Preface to the Paperback EditionPreface to the Hardcover EditionAcknowledgmentsNote on Citations1. Fundamental Concepts2. Election and Removal of the President3. The Powers of the President4. The President and Congress5. Vetoes and Access to Information6. Budgetary Duties7. Foreign Affairs8. War Powers9. The President and the JudiciaryConclusionsAbout the AuthorIndex of CasesIndex of Subjects

Editorial Reviews

"They could not have picked a more ideal subject-author combination to launch such a project. Professor Fisher enjoys unparalleled status as an acclaimed national expert on questions of separation of powers, in general, and on presidential authority, in particular. Given the author'sbackground, this particular offering in the Oxford Commentaries on American Law series fulfills an important and pressing need. No significant topic in the law of the executive branch goes uncommented on in this volume's 400-plus pages of case analysis and commentaries." --David Yalof, University of Connecticut, Congress and the Presidency