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.

Constitutions in Times of Financial Crisis

Constitutions in Times of Financial Crisis
Author: Tom Ginsburg
Publisher: Cambridge University Press
Total Pages: 342
Release: 2022-06-30
Genre: Law
ISBN: 9781108729208

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Many constitutions include provisions intended to limit the discretion of governments in economic policy. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. This volume assesses the ability of constitutional orders all over the world to cope with financial crises, and the demands for emergency powers that typically accompany them. Bringing together a variety of perspectives from legal scholars, economists, and political scientists, this volume traces the long-run implications of financial crises for constitutional order. In exploring the theoretical and practical problems raised by the constitutionalization of economic policy during times of severe crisis, this volume showcases an array of constitutional design options and the ways they channel governmental responses to emergency.

Sovereignty Or Submission

Sovereignty Or Submission
Author: Jonathan Dailey
Publisher:
Total Pages: 140
Release: 2020-11-03
Genre:
ISBN: 9781913969813

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The constitutional powers vested in the executive branch can provide President Trump the authority to federalize the national guard and deploy federal troops to quell domestic violence, if and when a crisis arises and is on the brink of tearing apart the very fabric of our nation. The United States has its roots in democracy, but was born as a result of revolution and torn apart by civil war. The United States will remain united if the executive branch, led by President Trump, can exert executive authority within our constitutional framework and quell anarchy. An analysis of the philosophy of executive authority from Machiavelli to Hamilton and an examination of post WWI-German Republic to the Parliamentary scheme of England reveals that it is the United States Republic that will survive a crisis of anarchy and chaos. Within these pages, it is explored how the President can restore calm in our nation, without submitting to the forces of chaos by acting within his constitutional executive authority.

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.

The Presidency in Times of Crisis and Disaster

The Presidency in Times of Crisis and Disaster
Author: Brian M. Harward
Publisher: Bloomsbury Publishing USA
Total Pages: 328
Release: 2019-11-15
Genre: Political Science
ISBN: 1440870896

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This resource uses primary documents and contextualizing essays to illuminate how America's presidents have responded to major tests of their leadership and approached their role and responsibilities in times of national crisis. Presidents hold the attention of the public like no other political actor. In addition, because of their unique role in the constitutional system, presidents often take immediate, unilateral action in the face of national emergencies. Exploring key events, crises, and disasters through the lens of presidential responsiveness, this text reveals not only the larger historical context but also the authority of presidents in meeting the "felt necessities of the time," deepening readers' understanding of those touchstone events. Comprehensive in temporal and topical scope, the book covers crises and disasters from the presidency of George Washington through Donald Trump's first two years in office. Important events covered include natural disasters, wars, assassinations, terrorist attacks, mass shootings, economic crises, riots, tragedies, and political scandals. Each event is explored through a primary document that reveals key dimensions of the presidential response to the crisis or disaster in question and contextual headnotes and essays that provide additional insights into the political, economic, and cultural contexts in which that event occurred and to which the president responded.

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.