Does the president represent the entire nation? Or does he speak for core partisans and narrow constituencies? TheFederalist Papers, the electoral college, history and circumstance from the founders' ...time to our own: all factor in theories of presidential representation, again and again lending themselves to different interpretations. This back-and-forth, Jeremy D. Bailey contends, is a critical feature, not a flaw, in American politics. Arriving at a moment of great debate over the nature and exercise of executive power, Bailey's history offers an invaluable, remarkably relevant analysis of the intellectual underpinnings, political usefulness, and practical merits of contending ideas of presidential representation over time. Among scholars, a common reading of political history holds that the founders, aware of the dangers of demagogy, created a singularly powerful presidency that would serve as a check on the people's representatives in Congress; then, this theory goes, the Progressives, impatient with such a counter-majoritarian approach, reformed the presidency to better reflect the people's will-and, they reasoned, advance the public good.The Idea of Presidential Representation challenges this consensus, offering a more nuanced view of the shifting relationship between the president and the American people. Implicit in this pattern, Bailey tells us, is another equivocal relationship-that between law and public opinion as the basis for executive power in republican constitutionalism. Tracing these contending ideas from the framers time to our own, his book provides both a history and a much-needed context for our understanding of presidential representation in light of the modern presidency. InThe Idea of Presidential Representation Bailey gives us a new and useful sense of an enduring and necessary feature of our politics.
Review(s) of: Pandemics, public health emergencies and government powers: Perspectives on Australian law, by Belinda Bennett and Ian Freckelton (eds), Federation Press, 2021, 448 pages, $150.00 ...(hardback).
Review(s) of: Pandemics, public health emergencies and government powers: Perspectives on Australian law, by Belinda Bennett and Ian Freckelton (eds), Federation Press, 2021, 448 pages, $150.00 ...(hardback).
Review(s) of: Pandemics, public health emergencies and government powers: Perspectives on Australian law, by Belinda Bennett and Ian Freckelton (eds), Federation Press, 2021, 448 pages, $150.00 ...(hardback).
In the spring of 1789, within weeks of the establishment of the new federal government based on the U.S. Constitution, the Senate and House of Representatives fell into dispute regarding how to ...address the president. Congress, the press, and individuals debated more than a dozen titles, many of which had royal associations and some of which were clearly monarchical.For Fear of an Elective Kingis Kathleen Bartoloni-Tuazon's rich account of the title controversy and its meanings.
The short, intense legislative phase and the prolonged, equally intense public phase animated and shaped the new nation's broadening political community. Rather than simply reflecting an obsession with etiquette, the question challenged Americans to find an acceptable balance between power and the people's sovereignty while assuring the country's place in the Atlantic world. Bartoloni-Tuazon argues that the resolution of the controversy in favor of the modest title of "President" established the importance of recognition of the people's views by the president and evidence of modesty in the presidency, an approach to leadership that fledged the presidency's power by not flaunting it.
How the country titled the president reflected the views of everyday people, as well as the recognition by social and political elites of the irony that authority rested with acquiescence to egalitarian principles. The controversy's outcome affirmed the republican character of the country's new president and government, even as the conflict was the opening volley in increasingly partisan struggles over executive power. As such, the dispute is as relevant today as in 1789.
Can a U.S. president decide to hold suspected terrorists indefinitely without charges or secretly monitor telephone conversations and e-mails without a warrant in the interest of national security? ...Was the George W. Bush administration justified in authorizing waterboarding? Was President Obama justified in ordering the killing, without trial or hearing, of a U.S. citizen suspected of terrorist activity? Defining the scope and limits of emergency presidential power might seem easy—just turn to Article II of the Constitution. But as Chris Edelson shows, the reality is complicated. In times of crisis, presidents have frequently staked out claims to broad national security power. Ultimately it is up to the Congress, the courts, and the people to decide whether presidents are acting appropriately or have gone too far.             Drawing on excerpts from the U.S. Constitution, Supreme Court opinions, Department of Justice memos, and other primary documents, Edelson weighs the various arguments that presidents have used to justify the expansive use of executive power in times of crisis. Emergency Presidential Power uses the historical record to evaluate and analyze presidential actions before and after the terrorist attacks of September 11, 2001. The choices of the twenty-first century, Edelson concludes, have pushed the boundaries of emergency presidential power in ways that may provide dangerous precedents for current and future commanders-in-chief.
This article considers how section 116 of the Australian Constitution applies to executive power. Notwithstanding that the express terms of s 116 apply only to legislative power, we argue that s 116 ...should be interpreted to also limit the exercise of executive power. A literal interpretation would have the effect that the Commonwealth can circumvent a constitutional limitation on legislative power through the exercise of executive power and would undermine the fundamental constitutional principle of legislative supremacy. An implication that s 116 restricts executive power in the same fashion as legislative power enhances the coherence of the Constitution as creating an integral polity and eliminates disconnect between legislative power and executive power with respect to the same subject matter.
Influence of United States (US) Presidents over the US criminal justice system - obligation to use influence to enhance fairness and the effectiveness of justice - President Barack Obama's focus on ...criminal justice throughout his career - how the President can drive significant reform at the federal level - Presidents' role in promoting change at the local and state levels - future directions.
This book accounts for and analyses the latest developments in Latin American presidential democracies, with a special focus on political institutions. The stellar line-up of renowned scholars of ...Latin American politics and institutions from Latin America, Europe, and the United States offer new insights into how democratic institutions have operated within the critical context that marked the political and social life of the region in the last few years: the eruption of popular protest and discontent, the widespread distrust of political institutions, and, of course, the COVID-19 pandemic. Combining different methodological approaches, including cross-national studies, small-N studies, case studies, and quantitative and qualitative data, the contributions cluster around three themes: the problem with fixed terms and other features of presidentialism, inter-institutional relations and executive accountability, and old and new threats to democracy in these times of turmoil. The volume concludes with an assessment of the political consequences of the COVID-19 pandemic in Latin America. Beyond current scholars and students of comparative political scientists, Latin America in Times of Turbulence will be of great interest to a wide spectrum of readers interested in comparative systems of government, democracy studies, and Latin American politics more generally.
