The author connects the vast social science data and legal scholarship to provide a wide-ranging assessment of precedent. He outlines the major issues in the continuing debates on the significance of precedent and evenly considers all sides.
Legislative Process is the only casebook that provides in-depth coverage of the goals, structures, processes, powers, and rules of Congress and its committees and subcommittees. With its extraordinarily impressive authorship team consisting of Abner J. Mikva, Eric Lane, Michael Gerhardt, and Daniel Hemel (each of whom has had significant legislative experience), this important casebook serves as an insider's perspective on the legislative process. The book takes a practical and process-oriented approach. It provides historical context on the role and drafting and interpretation of statutes, and includes extensive use of primary materials, including bills and statutes, committee reports and debates, legislative rules, constitutional provisions and other legislative authorities, and judicial decisions. New to the Fifth Edition: Up-to-date legislative and judicial developments regarding the Voting Rights Act of 1965, the Affordable Care Act, the budget process, and other landmark congressional statutes In-depth analyses of the two impeachments of Donald Trump and Supreme Court confirmation proceedings over the last few decades Comprehensive analysis of the mechanisms, besides impeachment, for holding presidents accountable for their misconduct Consideration of various proposals for reforming the federal law-making process Professors and students will benefit from: The detailed descriptions of the law-making process within Congress Comprehensive analysis of the relative scope of major congressional powers Inside accounts of legislative activities, including committee and subcommittee work The use of the casebook as a handbook for anyone interested in knowing more, or working in, Congress or state legislatures
A clear and comprehensive overview of presidential impeachment from a leading expert in the field As a result of Donald Trump’s presidency, impeachment was once again thrust into the spotlight of American political discussion. However, its history goes back to the very founding of the nation, when American colonists, remembering their grievances against their former king, entrenched the process in their new Constitution. The Law of Presidential Impeachment breaks down both the law and politics of this process, providing a comprehensive, nonpartisan, and up-to-date explanation of the Constitution’s various mechanisms for holding presidents accountable for their misdeeds. Based on a lifetime of scholarly research, as well as unique experience as a witness and consultant in the impeachment trials of Bill Clinton and Donald Trump, Michael J. Gerhardt’s new book takes the reader back to the basics of presidential impeachments. Rather than provide reasons for or against impeaching particular presidents, he explains the law and procedures that govern impeachment, examining a number of significant, yet under-explored, issues and themes. Gerhardt offers new perspectives on the subject, arguing that it cannot be properly understood in a vacuum, but must instead be viewed in the context of its coordination with such other mechanisms as criminal prosecutions, censure, elections, congressional oversight, and the Fourteenth and Twenty-Fifth Amendments. The Law of Presidential Impeachment will be an invaluable, accessible guide for future generations, giving them a succinct yet remarkably nuanced understanding of this core aspect of our executive branch and overarching governmental system.
The author connects the vast social science data and legal scholarship to provide a wide-ranging assessment of precedent. He outlines the major issues in the continuing debates on the significance of precedent and evenly considers all sides.
Impeachment: What Everyone Needs to Know® is the step back and deep reflection on the law of impeachment that everyone needs now. Written in an accessible and lively question-and-answer format, it offers a timely explanation of the impeachment process from its very meaning to its role in politics today. The book defines the scope of impeachable offenses, and how the Constitution provides alternative procedures and sanctions for addressing misconduct in office. It explains why the only two presidential impeachments, those of Andrew Johnson and Bill Clinton, failed to lead to conviction, and how the impeachments of federal judges illuminate the law and politics of the process. As a legal expert and the only joint witness in the impeachment proceedings against President Clinton, author Michael J. Gerhardt also explores a question frequently asked-will Donald Trump be impeached? This book does not take a side in the debate over the possible impeachment of the president; instead, it is a primer for anyone eager to learn about impeachment's origins, practices, limitations, and alternatives.
As President Trump and Congressional Democrats battle over the findings of the Mueller report, talk of impeachment is in the air. But what are the grounds for impeaching a sitting president? Who is subject to impeachment? Is impeachment effective as a safeguard against presidential misconduct? What challenges does today’s highly partisan political climate pose to the impeachment process, and what, if any, meaningful alternatives are there for handling presidential misconduct? For more than twenty years, The Federal Impeachment Process has served as the most complete analysis of the constitutional and legal issues raised in every impeachment proceeding in American history. Impeachment, Michael J. Gerhardt shows, is an inherently political process designed to expose and remedy political crimes—serious breaches of duty or injuries to the Republic. Subject neither to judicial review nor to presidential veto, it is a unique congressional power that involves both political and constitutional considerations, including the gravity of the offense charged, the harm to the constitutional order, and the link between an official’s misconduct and duties. For this third edition, Gerhardt updates the book to cover cases since President Clinton, as well as recent scholarly debates. He discusses the issues arising from the possible impeachment of Donald Trump, including whether a sitting president may be investigated, prosecuted, and convicted for criminal misconduct or whether impeachment and conviction in Congress is the only way to sanction a sitting president; what the “Emoluments Clause” means and whether it might provide the basis for the removal of the president; whether gross incompetence may serve as the basis for impeachment; and the extent to which federal conflicts of interest laws apply to the president and other high ranking officials. Significantly updated, this book will remain the standard work on the federal impeachment process for years to come.
Consistently lauded for its comprehensiveness and full-color color presentation, the latest edition of Rheumatology by Marc C. Hochberg, MD, MPH et al. continues the tradition of excellence of previous editions. Designed to meet the needs of the practicing clinician, it provides extensive, authoritative coverage of rheumatic disease from basic scientific principles to practical points of clinical management in a lucid, logical, user-friendly manner. Find the critical answers you need quickly and easily thanks to a consistent, highly user-friendly format covering all major disorders of the musculoskeletal system in complete, self-contained chapters. Get trusted perspectives and insights from chapters co-authored by internationally renowned leaders in the field, 25% of whom are new to this edition. Track disease progression and treat patients more effectively with the most current information, including 22 new chapters on genetic findings, imaging outcomes, and cell and biologic therapies as well as rheumatoid arthritis and SLE. Incorporate the latest findings about pathogenesis of disease; imaging outcomes for specific diseases like RA, osteoarthritis, and spondyloarthropathies; cell and biologic therapies; and other timely topics.
Their names linger in memory mainly as punch lines, synonyms for obscurity: Millard Fillmore, Chester Arthur, Calvin Coolidge. They conjure up not the White House so much as a decaying middle school somewhere in New Jersey. But many forgotten presidents, writes Michael J. Gerhardt, were not weak or ineffective. They boldly fought battles over constitutional principles that resonate today. Gerhardt, one of our leading legal experts, tells the story of The Forgotten Presidents. He surveys thirteen administrations in chronological order, from Martin Van Buren to Franklin Pierce to Jimmy Carter, distinguishing political failures from their constitutional impact. Again and again, he writes, they defied popular opinion to take strong stands. Martin Van Buren reacted to an economic depression by withdrawing federal funds from state banks in an attempt to establish the controversial independent treasury system. His objective was to shrink the federal role in the economy, but also to consolidate his power to act independently as president. Prosperity did not return, and he left office under the shadow of failure. Grover Cleveland radically changed his approach in his second (non-consecutive) term. Previously he had held back from interference with lawmakers; on his return to office, he aggressively used presidential power to bend Congress to his will. Now seen as an asterisk, Cleveland consolidated presidential authority over appointments, removals, vetoes, foreign affairs, legislation, and more. Jimmy Carter, too, proves surprisingly significant. In two debt-ceiling crises and battles over the Panama Canal treaty, affirmative action, and the First Amendment, he demonstrated how the presidency's inherent capacity for efficiency and energy gives it an advantage in battles with Congress, regardless of popularity. Gerhardt explains the many things these and ten other presidents have in common that explain why, in spite of any of their excesses, they have become forgotten chief executives. Incisive, myth-shattering, and compellingly written, this book shows how even obscure presidents championed the White House's prerogatives and altered the way we interpret the Constitution.
A brilliant and novel examination of how Abraham Lincoln mastered the art of leadership “Abraham Lincoln had less schooling than all but a couple of other presidents, and more wisdom than every one of them. In this original, insightful book, Michael Gerhardt explains how this came to be." –H.W. Brands, Wall Street Journal In 1849, when Abraham Lincoln returned to Springfield, Illinois, after two seemingly uninspiring years in the U.S. House of Representatives, his political career appeared all but finished. His sense of failure was so great that friends worried about his sanity. Yet within a decade, Lincoln would reenter politics, become a leader of the Republican Party, win the 1860 presidential election, and keep America together during its most perilous period. What accounted for the turnaround? As Michael J. Gerhardt reveals, Lincoln’s reemergence followed the same path he had taken before, in which he read voraciously and learned from the successes, failures, oratory, and political maneuvering of a surprisingly diverse handful of men, some of whom he had never met but others of whom he knew intimately—Henry Clay, Andrew Jackson, Zachary Taylor, John Todd Stuart, and Orville Browning. From their experiences and his own, Lincoln learned valuable lessons on leadership, mastering party politics, campaigning, conventions, understanding and using executive power, managing a cabinet, speechwriting and oratory, and—what would become his most enduring legacy—developing policies and rhetoric to match a constitutional vision that spoke to the monumental challenges of his time. Without these mentors, Abraham Lincoln would likely have remained a small-town lawyer—and without Lincoln, the United States as we know it may not have survived. This book tells the unique story of how Lincoln emerged from obscurity and learned how to lead.
A unique and illuminating exploration of the key relationships that shaped Franklin Delano Roosevelt into one of America’s most definitive leaders and impacted his influence on the world stage, from presidential historian Michael J. Gerhardt, the acclaimed author of Lincoln’s Mentors and principal adviser in the official annotation of the Constitution at the Library of Congress. Franklin Delano Roosevelt wasn’t a born leader. He became one. As a boy he was in poor health, was insecure, and an average student at best. Growing into manhood, the lessons he learned came not from books but from influencers of his lifetime, beginning with Endicott Peabody, the most renowned US headmaster of the twentieth century. He instilled in Roosevelt a confidence and strength that empowered the young student and propelled him to greatness as one of the most revered presidents of the United States. For Roosevelt, Peabody was only one of a small number of people who helped him develop the skills and temperament that enabled him to overcome the devastating effects of polio, to lead the nation through two crises, and to secure America’s leadership in the world. In FDR’s Mentors, Michael Gerhardt tells the extraordinary stories of the men and women who had a vital impact on Roosevelt’s life, career, and pragmatic personality: his distant cousin Teddy; his wife Eleanor; President Woodrow Wilson; journalist Lewis Howe; Winston Churchill; and New York Democratic Party leader Al Smith. Form the creation of the New Deal through Roosevelt’s war with the Supreme Court to the attack on Pearl Harbor, Roosevelt persevered with never-ending grit, grace, limitless optimistism, and patience. It is thanks to the invaluable personal connections, inspiration, and wisdom of those who shaped and informed FDR’s historic presidency—one that has become a model of resilience and, in turn, an influence on every president who has followed in his path.
Michael Gerhard examines the likely political and constitutional consequences of President Clinton's impeachment and trial. Placing the President's acquittal in historical perspective he argues that it is consistent with the process as it has evolved over the last two centuries.
Impeachment: What Everyone Needs to Know(R) is the step back and deep reflection on the law of impeachment that everyone needs now. Written in an accessible and lively question-and-answer format, it offers a timely explanation of the impeachment process from its very meaning to its role in politics today. The book defines the scope of impeachable offenses, and how the Constitution provides alternative procedures and sanctions for addressing misconduct in office. It explains why the only two presidential impeachments, those of Andrew Johnson and Bill Clinton, failed to lead to conviction, and how the impeachments of federal judges illuminate the law and politics of the process. As a legal expert and the only joint witness in the impeachment proceedings against President Clinton, author Michael J. Gerhardt also explores a question frequently asked-will Donald Trump be impeached? This book does not take a side in the debate over the possible impeachment of the president; instead, it is a primer for anyone eager to learn about impeachment's origins, practices, limitations, and alternatives.
A brilliant and novel examination of how Abraham Lincoln mastered the art of leadership “Abraham Lincoln had less schooling than all but a couple of other presidents, and more wisdom than every one of them. In this original, insightful book, Michael Gerhardt explains how this came to be." –H.W. Brands, Wall Street Journal In 1849, when Abraham Lincoln returned to Springfield, Illinois, after two seemingly uninspiring years in the U.S. House of Representatives, his political career appeared all but finished. His sense of failure was so great that friends worried about his sanity. Yet within a decade, Lincoln would reenter politics, become a leader of the Republican Party, win the 1860 presidential election, and keep America together during its most perilous period. What accounted for the turnaround? As Michael J. Gerhardt reveals, Lincoln’s reemergence followed the same path he had taken before, in which he read voraciously and learned from the successes, failures, oratory, and political maneuvering of a surprisingly diverse handful of men, some of whom he had never met but others of whom he knew intimately—Henry Clay, Andrew Jackson, Zachary Taylor, John Todd Stuart, and Orville Browning. From their experiences and his own, Lincoln learned valuable lessons on leadership, mastering party politics, campaigning, conventions, understanding and using executive power, managing a cabinet, speechwriting and oratory, and—what would become his most enduring legacy—developing policies and rhetoric to match a constitutional vision that spoke to the monumental challenges of his time. Without these mentors, Abraham Lincoln would likely have remained a small-town lawyer—and without Lincoln, the United States as we know it may not have survived. This book tells the unique story of how Lincoln emerged from obscurity and learned how to lead.
Their names linger in memory mainly as punch lines, synonyms for obscurity: Millard Fillmore, Chester Arthur, Calvin Coolidge. They conjure up not the White House so much as a decaying middle school somewhere in New Jersey. But many forgotten presidents, writes Michael J. Gerhardt, were not weak or ineffective. They boldly fought battles over constitutional principles that resonate today. Gerhardt, one of our leading legal experts, tells the story of The Forgotten Presidents. He surveys thirteen administrations in chronological order, from Martin Van Buren to Franklin Pierce to Jimmy Carter, distinguishing political failures from their constitutional impact. Again and again, he writes, they defied popular opinion to take strong stands. Martin Van Buren reacted to an economic depression by withdrawing federal funds from state banks in an attempt to establish the controversial independent treasury system. His objective was to shrink the federal role in the economy, but also to consolidate his power to act independently as president. Prosperity did not return, and he left office under the shadow of failure. Grover Cleveland radically changed his approach in his second (non-consecutive) term. Previously he had held back from interference with lawmakers; on his return to office, he aggressively used presidential power to bend Congress to his will. Now seen as an asterisk, Cleveland consolidated presidential authority over appointments, removals, vetoes, foreign affairs, legislation, and more. Jimmy Carter, too, proves surprisingly significant. In two debt-ceiling crises and battles over the Panama Canal treaty, affirmative action, and the First Amendment, he demonstrated how the presidency's inherent capacity for efficiency and energy gives it an advantage in battles with Congress, regardless of popularity. Gerhardt explains the many things these and ten other presidents have in common that explain why, in spite of any of their excesses, they have become forgotten chief executives. Incisive, myth-shattering, and compellingly written, this book shows how even obscure presidents championed the White House's prerogatives and altered the way we interpret the Constitution.
As President Trump and Congressional Democrats battle over the findings of the Mueller report, talk of impeachment is in the air. But what are the grounds for impeaching a sitting president? Who is subject to impeachment? Is impeachment effective as a safeguard against presidential misconduct? What challenges does today’s highly partisan political climate pose to the impeachment process, and what, if any, meaningful alternatives are there for handling presidential misconduct? For more than twenty years, The Federal Impeachment Process has served as the most complete analysis of the constitutional and legal issues raised in every impeachment proceeding in American history. Impeachment, Michael J. Gerhardt shows, is an inherently political process designed to expose and remedy political crimes—serious breaches of duty or injuries to the Republic. Subject neither to judicial review nor to presidential veto, it is a unique congressional power that involves both political and constitutional considerations, including the gravity of the offense charged, the harm to the constitutional order, and the link between an official’s misconduct and duties. For this third edition, Gerhardt updates the book to cover cases since President Clinton, as well as recent scholarly debates. He discusses the issues arising from the possible impeachment of Donald Trump, including whether a sitting president may be investigated, prosecuted, and convicted for criminal misconduct or whether impeachment and conviction in Congress is the only way to sanction a sitting president; what the “Emoluments Clause” means and whether it might provide the basis for the removal of the president; whether gross incompetence may serve as the basis for impeachment; and the extent to which federal conflicts of interest laws apply to the president and other high ranking officials. Significantly updated, this book will remain the standard work on the federal impeachment process for years to come.
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