Constitutional conflicts between Congress and the President / Louis Fisher.

Format:

Book

Author/Creator:

Fisher, Louis.

Language:

English

Subjects (All):

Separation of powers--United States.

Separation of powers.

United States.

Executive power--United States.

Executive power.

Legislative power--United States.

Legislative power.

Constitutional history--United States.

Constitutional history.

Physical Description:

xiii, 338 pages ; 24 cm

Edition:

Fourth edition, revised.

Place of Publication:

Lawrence, Kan. : University Press of Kansas, [1997]

Summary:

Nearly two 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 and updated 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 the beginning of the Bush administration, venturing 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.

Ought to be required reading for the President, for every member of congress, and for anyone who seeks to understand the subtle complexities of a constitutional arrangement that formally separates legislative from executive powers". -- Choice

This book presents a set of issues, themes, questions, and arguments that will continue to be of fundamental interest to constitutional scholars in particular andpolitical scientists in general". -- George C. Edwards HI, author of Presidential Leadership.

Contents:

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. Disloyalty Dismissals and Procedural Safeguards. Removal Actions from Nixon to Bush. Clinton's Travelgate. The Congressional Presence

4. Legislative Powers. Delegation. Checks on Delegated Power. Nonstatutory Controls. Administrative Legislation

5. Vetoes: Presidential and Legislative. The Presidential Veto. Pocket Vetoes. The Item Veto. The Legislative Veto. Chadha and Beyond

6. Power over Knowledge: Seeking 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. The Budget Act of 1974. 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. Executive Prerogative. Life-and-Property Actions. Delegated Emergency Powers. The War Powers Resolution of 1973. The Politics of Comity

10. Conclusions

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

Notes:

Includes bibliographical references and indexes.

ISBN:

070060815X

0700608168

OCLC:

35235287