Powers Of The President During Crises

Powers Of The President During Crises
Author: J. Malcolm Smith
Publisher: Da Capo Press
Total Pages: 208
Release: 1972-03-21
Genre: Political Science
ISBN:

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Powers of the President During Crises

Powers of the President During Crises
Author: J. Malcolm Smith
Publisher: Library of Alexandria
Total Pages: 137
Release:
Genre: History
ISBN: 1465506969

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The general welfare, and military effectiveness of a modern industrial nation depend upon the harmonious interaction of a complex, interdependent network of production and transportation facilities. The interruption of this process at any of a myriad of critical points can disrupt the supply of essential civilian and military materials, possibly undermining the economic health or military security of the nation. The urban concentration of population and the refinement of communication devices and techniques for manipulating public opinion make it increasingly possible to instill in the civilian population an hysteria and terror which could effectively thwart national mobilization. Realization of the magnitude of the problem, and a pervasive fear of military assault, vitally influence the process of continuous redefinition of the balance between collective authority and individual liberty which is the essential task of democratic government in war as in peace. Emergency government has become the norm for twentieth century constitutional states. An assessment of the adequacy with which democratic government has, in the recurrent economic and military emergencies since 1933, combined mobilization of “the ... power of every individual and of every material resource at its command” toward the objective of national survival and well-being, with the protection of basic individual freedoms and the principle of responsible government which are the heart of democracy, must in substantial part rest upon an analysis of the contents of the statute books. That is the purpose of this study. Its classification of legislative delegations of emergency powers to the executive since 1933 should provide not only indication of the extent to which coercive powers over persons and property have been granted the executive in the name of emergency, but also a framework for the organization of a series of studies into the use of such powers by the executive branch, and the success of congressional and other efforts to maintain responsible administration in time of emergency. There exists no dearth of recorded efforts to define the ultimate scope of the constitutional emergency power of the American executive. Various justices of the Supreme Court have hypothesized, at one end of a continuum, inflexible constitutional restraints upon executive response to perceived emergency, and at the other end an emergency power which is either unrestrained or unrestrainable. In this manner the Supreme Court has sought to resolve the conundrum, “How can a virtually unlimited emergency power and a systematic body of constitutional limitations upon government action logically coexist? How can constitutionalism be ought but an anachronism in the twentieth century unless constitutional governments are equipped with adequate legal authority to carry the body politic through economic and military emergencies of staggering dimensions?” The considerable body of scholarly literature in this field is principally devoted to speculation on the breadth of the “inherent,” “residual,” “executive,” or “war” power of the President, and description of occasions on which the nation’s chief executives have considered it necessary to exercise a prerogative “power to act according to discretion for the public good, without the prescription of the law and sometimes even against it.” But despite such incidents as President Roosevelt’s 1942 Labor Day speech admonishing the Congress that unless it repealed certain provisions of the Emergency Price Control Act by October 1st, he would consider them repealed, emergency administration is overwhelmingly characterized by joint participation and cooperation of the varying branches of the federal government. American government in time of war does not degenerate to anything resembling dictatorship, and to focus attention upon the exceptions to executive-legislative cooperation in war administration is to study the pathology of emergency administration.

The Cavalier Presidency

The Cavalier Presidency
Author: Justin P. DePlato
Publisher: Lexington Books
Total Pages: 233
Release: 2014-02-14
Genre: Political Science
ISBN: 0739188852

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In this book, Justin DePlato examines and analyzes the reasons and justifications for, as well as instances of, executive emergency power in political thought and action. The book begins by analyzing the theory of executive emergency power across a wide breadth of philosophical history, from Ancient Greek, Renaissance, through modern American political thought. This analysis indicates that in political philosophy two models exist for determining and using executive emergency power: an unfettered executive prerogative or a constitutional dictatorship. The modern American approach to executive emergency power is an unfettered executive prerogative, whereby the executive determines what emergency power is and how to use it. The book addresses the fundamental question of whether executive power in times of crisis may be unfettered and discretionary or rather does the law define and restrain executive emergency power. The author reviews and analyzes seven U.S. presidencies that handled a domestic crisis—Washington, Jefferson, Madison, Jackson, Lincoln, G. W. Bush, and Obama—to show that presidents become extraordinarily powerful during crises and act unilaterally without oversight. The use of executive emergency power undermines the normal processes of democratic republicanism and harms the rule of law. The author analyzes the U.S. Constitution, formerly classified Department of Justice Memos, primary sourced letters, signing statements, executive orders, presidential decrees, and original founding documents to comprehensively conclude that presidential prerogative determines what emergency powers are and how they are to be executed. This book challenges the claim that presidents determine their emergency power with appropriate congressional oversight or consultation. The analysis of the empirical data indicates that presidents do not consult with Congress prior to determining what their emergency powers are and how the president wants to use them. Justin DePlato joins the highly contentious debate over the use of executive power during crisis and offers a sharp argument against an ever-growing centralized and unchecked federal power. He argues that presidents are becoming increasingly reckless when determining and using power during crisis, often times acting unconstitutional.

Words of Crisis as Words of Power

Words of Crisis as Words of Power
Author: Marta Neüff
Publisher: John Benjamins Publishing Company
Total Pages: 415
Release: 2018-05-15
Genre: Language Arts & Disciplines
ISBN: 9027264260

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The volume explores crisis rhetoric in contemporary U.S. American presidential speechmaking. Rhetorical leadership constitutes an inherent feature of the modern presidency. Particularly during times of critical events, the president is expected to react and address the nation. However, the power of the office also allows him or her to direct attention to particular topics and thus rhetorically create or exploit the notion of crisis. This monograph examines the verbal responses of George W. Bush and Barack Obama to pressing issues during their terms in office. Assuming an interdisciplinary approach, it illuminates the characteristics of modern crisis rhetoric. The aim of the book is to show that elements of Puritan rhetoric, and specifically the tradition of the jeremiad, although taken out of their original context and modified to suit a modern multiethnic society, can still be detected in contemporary political communication. It will be of interest to students and scholars of presidential rhetoric, political communication, sociolinguistics, and cultural studies.

Presidents, Populism, and the Crisis of Democracy

Presidents, Populism, and the Crisis of Democracy
Author: William G. Howell
Publisher: University of Chicago Press
Total Pages: 276
Release: 2020-07-14
Genre: Political Science
ISBN: 022672882X

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To counter the threat America faces, two political scientists offer “clear constitutional solutions that break sharply with the conventional wisdom” (Steven Levitsky, New York Times–bestselling coauthor of How Democracies Die). Has American democracy’s long, ambitious run come to an end? Possibly yes. As William G. Howell and Terry M. Moe argue in this trenchant new analysis of modern politics, the United States faces a historic crisis that threatens our system of self-government—and if democracy is to be saved, the causes of the crisis must be understood and defused. The most visible cause is Donald Trump, who has used his presidency to attack the nation’s institutions and violate its democratic norms. Yet Trump is but a symptom of causes that run much deeper: social forces like globalization, automation, and immigration that for decades have generated economic harms and cultural anxieties that our government has been wholly ineffective at addressing. Millions of Americans have grown angry and disaffected, and populist appeals have found a receptive audience. These were the drivers of Trump’s dangerous presidency, and they’re still there for other populists to weaponize. What can be done? The disruptive forces of modernity cannot be stopped. The solution lies, instead, in having a government that can deal with them—which calls for aggressive new policies, but also for institutional reforms that enhance its capacity for effective action. The path to progress is filled with political obstacles, including an increasingly populist, anti-government Republican Party. It is hard to be optimistic. But if the challenge is to be met, we need reforms of the presidency itself—reforms that harness the promise of presidential power for effective government, but firmly protect against that power being put to anti-democratic ends.

Crisis and Command

Crisis and Command
Author: John Yoo
Publisher: Kaplan Publishing
Total Pages: 0
Release: 2010-01-05
Genre: History
ISBN: 9781607145554

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An American President faces war and finds himself hamstrung by a Congress that will not act. To protect national security, he invokes his powers as Commander-in-Chief and orders actions that seem to violate laws enacted by Congress. He is excoriated for usurping dictatorial powers, placing himself above the law, and threatening to “breakdown constitutional safeguards.” One could be forgiven for thinking that the above describes former President George W. Bush. Yet these particular attacks on presidential power were leveled against Franklin D. Roosevelt. They could just as well describe similar attacks leveled against George Washington, Thomas Jefferson, Andrew Jackson, Abraham Lincoln and a number of other presidents challenged with leading the nation through times of national crisis. However bitter, complex, and urgent today’s controversies over executive power may be, John Yoo reminds us they are nothing new. In Crisis and Command, he explores a factor too little consulted in current debates: the past. Through shrewd and lucid analysis, he shows how the bold decisions made by Washington, Jefferson, Jackson, Lincoln, and FDR changed more than just history; they also transformed the role of the American president. The link between the vigorous exercise of executive power and presidential greatness, Yoo argues, is both significant and misunderstood. He makes the case that the founding fathers deliberately left the Constitution vague on the limits of presidential authority, drawing on history to demonstrate the benefi ts to the nation of a strong executive office.

Presidents in Crisis

Presidents in Crisis
Author: Michael Bohn
Publisher: Skyhorse Publishing, Inc.
Total Pages: 386
Release: 2016-03-01
Genre: History
ISBN: 1628726059

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"Every American president, when faced with a crisis, longs to take bold and decisive action. When American lives or vital interests are at stake, the public--and especially the news media and political opponents--expect aggressive leadership. But, contrary to the dramatizations of Hollywood, rarely does a president have that option. In Presidents in Crisis, a former director of the Situation Room takes the reader inside the White House during seventeen grave international emergencies handled by the presidents from Truman to Obama: from North Korea's invasion of South Korea to the revolutions of the Arab Spring, and from the thirteen days of the Cuban Missile Crisis to the taking of American diplomats hostage in Iran and George W. Bush's response to the attacks of September 11, 2001. In narratives that convey the drama of unfolding events and the stakes of confrontation when a misstep can mean catastrophe, he walks us step by step through each crisis. Laying out the key players and personalities and the moral and political calculations that the leaders have had to make, he provides a fascinating insider's look at modern presidential decision making and the fundamental role in it of human frailty"--