The Imperial Presidency and the Constitution

(Hardback)

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Time and again, in recent years, the charge has been made that sitting presidents have behaved imperially, employing authorities that break the bounds of law and the Constitution. It is now an epithet used to describe presidencies of both parties. The Imperial Presidency and the Constitution examines this critical issue from a variety of perspectives: analyzing the presidents role in the administrative state, as commander-in-chief, as occupant of the modern Bully Pulpit, and, in separate essays, addressing recent presidents relationship with Congress and the Supreme Court. The volume also deepens the discussion by taking a look back at Abraham Lincolns expansive use of executive power during the Civil War where the tension between law and necessity were at their most extreme, calling into question the rule of law itself. The volume concludes with an examination of how the Constitutions provision of both powers and duties for the president can provide a roadmap for assessing the propriety of executive behavior.

Author Bio

Gary Schmitt is the co-director of the Marilyn Ware Center for Security Studies at AEI and the director of AEIs Program on American Citizenship. His recent books include The Professions and Civic Life (Lexington Books, 2016), A Hard Look at Hard Power: Assessing the Defense Capabilities of Key US Allies and Security Partners (Strategic Studies Institute, 2015) and Trendsetting Charter Schools: Raising the Bar for Civic Education (Rowman & Littlefield, 2015). Andrew E. Busch is Crown Professor of Government and George R. Roberts Fellow at Claremont McKenna College, where he teaches courses on American politics and government. Joseph M. Bessette is Alice Tweed Tuohy Professor of Government and Ethics at Claremont McKenna College, where he has been on the faculty since 1990.