The scope of presidential authority has been a constant focus of constitutional dispute since the Framing. The bases for presidential appointment and removal, the responsibility of the Executive to choose between the will of Congress and the President, the extent of unitary powers over the military, even the ability of the President to keep secret the identity of those consulted in policy making decisions have all been the subject of intense controversy. The scope of that power and the manner of its exercise affect not only the actions of the President and the White House staff, but also all staff employed by the executive agencies. There is a clear need to examine the law of the entire executive branch. The Law of the Executive Branch: Presidential Power, places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. In this book, Louis Fisher strives to separate legitimate from illegitimate sources of power, through analysis that is informed by litigation as well as shaped by presidential initiatives, statutory policy, judicial interpretations, and public and international pressures. Each provision of the US Constitution is analyzed to reveal its contemporary meaning in concert with the application of presidential power. Controversial issues covered in the book include: unilateral presidential wars; the state secrets privilege; extraordinary rendition; claims of "inherent" presidential powers that may not be checked by other branches; and executive privilege.
In the fourth of the Federalist Papers, published in 1787, John Jay warned of absolute monarchs who "will often make war when their nations are to get nothing by it." More than two centuries later, are single executives making unilateral decisions any more trustworthy? And have the checks on executive power, so critical in the Founders' drafting of the Constitution, held? These are the questions Louis Fisher pursues in this book. By examining the executive actions of American presidents, particularly after World War II, Fisher reveals how the Supreme Court, through errors and abdications, has expanded presidential power in external affairs beyond constitutional boundaries—and damaged the nation's system of checks and balances. Supreme Court Expansion of Presidential Power reviews the judicial record from 1789 to the present day to show how the balance of power has shifted over time. For nearly a century and a half, the Supreme Court did not indicate a preference for which of the two elected branches should dominate in the field of external affairs. But from the mid-thirties a pattern clearly emerges, with the Court regularly supporting independent presidential power in times of "emergency," or issues linked to national security. The damage this has done to democracy and constitutional government is profound, Fisher argues. His evidence extends beyond external affairs to issues of domestic policy, such as impoundment of funds, legislative vetoes, item-veto authority, presidential immunity in the Paula Jones case, recess appointments, and the Obama administration's immigration initiatives. Fisher identifies contemporary biases that have led to an increase in presidential power—including Supreme Court misconceptions and errors, academic failings, and mistaken beliefs about "inherent powers" and "unity of office." Calling to account the forces tasked with protecting our democracy from the undue exercise of power by any single executive, his deeply informed book sounds a compelling alarm.
A classic and bestselling work by one of America’s top Constitutional scholars, Presidential War Power garnered the lead review in the New York Times Book Review and raised essential issues that have only become more timely, relevant, and controversial in our post-9/11 era. In this third edition, Louis Fisher updates his arguments throughout, critiques the presidential actions of George W. Bush and Barack Obama, and challenges what he views as their dangerous expansion of executive power. Spanning the life of the Republic from the Revolutionary Era to the War on Terror, the new edition covers for the first time: * Indefinite detention of civilians and non-civilians without trial * President Obama’s failed effort to close Guantánamo * NSA wiretapping and Fourth Amendment violations * Presidential decision-making relating to the wind-down of the wars in Iraq and Afghanistan * U.S. military operations against Libya in 2011 * Continued abuse of the state secrets privilege in national security court cases * Secret legal memos justifying the use of UAVs or drones for targeted killings overseas * Extended comparison of the expansion of executive power under George W. Bush and Barack Obama
Heat exchangers are a crucial part of aerospace, marine, cryogenic and refrigeration technology. These essays cover such topics as complicated flow arrangements, complex extended surfaces, two-phase flow and irreversibility in heat exchangers, and single-phase heat transfer.
Traces of a Daoist Immortal is a Daoist-infused tour de force on the Daoist mountain hermit Chén Tuán 陳摶 (Xīyí 希夷 [Infinitesimal Subtlety]; d. 989) and his fellow “hidden immortals.” Breaking various academic taboos, including hyper-historicism, social constructivism, and conformist mentalities, here Komjathy, in an aspirational gesture towards unbridled inquiry, offers annotated translations and scholarly introductions to ten major works associated with the Daoist immortal. The book also contains a cutting-edge, mythopoetic introduction that addresses the life and legend of Chén Tuán, his connection to the Western Marchmount of Huàshān 華山 (Mount Hua; Huàyīn, Shǎnxī), Daoist views about sleeping, dreaming, waking, as well as Daoist time-being.
For more than 60 years, Merritt’s Neurology has remained a trusted landmark text in clinical neurology, providing unparalleled guidance on neurologic protocols, treatment guidelines, clinical pathways, therapeutic recommendations, and imaging. The fourteenth edition reflects the state of today’s practice, with fully updated content and timely new sections and chapters. With this edition, Dr. James Noble joins Drs. Elan Louis and Stephan A. Mayer as co-editor, all of whom trained at Columbia University where Dr. H. Houston Merritt wrote the initial editions of this book. Lauded for its comprehensive coverage, colorful and dynamic visual style, readability, and ease of use, this up-to-date reference is ideal for neurologists, primary care physicians, and residents alike.
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