The Presidency and the Constitution : Cases and Controversies / by M. Genovese, R. Spitzer.

Format:

Book

Author/Creator:

Genovese, Michael A.

Contributor:

Spitzer, Robert J., 1953-

Language:

English

Subjects (All):

Political science.

Europe--Politics and government.

Europe.

Public law.

Constitutional law.

Political Science.

European Politics.

Public Law.

Constitutional Law.

Local Subjects:

Political Science.

European Politics.

Public Law.

Constitutional Law.

Physical Description:

1 online resource (256 p.)

Edition:

1st ed. 2005.

Place of Publication:

New York : Palgrave Macmillan US : Imprint: Palgrave Macmillan, 2005.

Language Note:

English

System Details:

Mode of access: World Wide Web.

Summary:

This comprehensive case law book examines the evolution of judicial interpretation of the scope and limitations of presidential power. From interbranch struggles for power, to presidential selection, to campaign financing, to war powers, hardly an issue arises for the modern presidency that does not eventually find itself framed as a legal problem to be addressed by the courts. Each section provides an introduction providing background and framework for students. Throughout, the analysis is informed by the view that court decisions are framed by legal arguments and constitute legal issuances and are also framed by politics, and have profound political consequences. Coinciding with a broader intellectual and disciplinary return to institutions and law as key to understanding the presidency and modern politics, this book will find special favour among scholars who teach courses on the presidency and related areas.

Contents:

Cover

Contents

Preface

About the Authors

1 Introduction

2 Court-President Clashes: The Cases of Abraham Lincoln, Franklin Roosevelt, and Bill Clinton

3 Separation of Powers

Marbury v. Madison (1803)

Youngstown Sheet &amp

Tube Co. v. Sawyer (1952)

AFL-CIO v. Kahn (1979)

INS v. Chadha (1983)

Clinton v. City of New York (1998)

4 Selection/Election

Buckley v. Valeo (1976)

Bush v. Gore (2000)

5 Administrative Powers

Shurtleff v. United States (1903)

Myers v. United States (1926)

Humphrey's Executor v. United States (1935)

Nixon v. Fitzgerald (1982)

Harlow &amp

Butterfield v. Fitzgerald (1982)

Mitchell v. Forsyth (1985)

Clinton v. Jones (1997)

6 Executive Privilege

United States v. Nixon (1974)

In re Grand Jury Proceeding (1998)

In Re: Bruce Lindsey (1998)

Cheney et al. v. U.S. District Court (2004)

7 Congress

In re Neagle (1890)

In re Debs (1895)

U.S. v. Midwest Oil Company (1915)

Bowsher v. Synar (1986)

8 Domestic Policy

Chicago &amp

Southern Air Lines v. Waterman Steamship Corp. (1948)

New York Times Co. v. United States (1971)

United States v. United States District Court (1972)

Nixon v. Administrator of General Services (1977)

Snepp v. United States (1980)

9 Budgeting/Economy

Brown v. Califano (1980)

City of New Haven v. U.S. (1987)

10 Foreign Policy

United States v. Curtiss-Wright Export Corporation (1936)

United States v. Belmont (1937)

U.S. v. Guy W. Capps, Inc. (1953)

Zemel v. Rusk (1965)

Goldwater v. Carter (1979)

Dames &amp

Moore v. Regan (1981)

Haig v. Agee (1981)

11 The War Power and the Commander in Chief

Bas v. Tingy (1800)

Talbot v. Seeman (1801)

Little v. Barreme (1804)

The Prize Cases (1863)

Ex Parte Milligan (1866)

Ex Parte Quirin (1942).

Korematsu v. U.S. (1944)

Mora v. McNamara (1967)

Dellums v. Bush (1990)

Hamdi et al. v. Rumsfeld, Secretary of Defense (2004)

Rasul et al. v. Bush

al Odah v. U.S. (2004)

12 Conclusion

Glossary

Notes

Index

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

Q

R

S

T

U

V

W

Case and Statute Index.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references (p. 233-234) and index.

ISBN:

9786611368067

9781281368065

1281368067

9781403979391

1403979391

OCLC:

560536021