The Executive Unbound

The answer, according to legal scholars Eric Posner and Adrian Vermeule, is nothing. In The Executive Unbound, they provide a bracing challenge to conventional wisdom, arguing that a strong presidency is inevitable in the modern world.

The Executive Unbound

Author: Eric A. Posner

Publisher: Oxford University Press

ISBN: 0199830460

Page: 256

View: 498

Ever since Arthur M. Schlesinger Jr. used "imperial presidency" as a book title, the term has become central to the debate about the balance of power in the U.S. government. Since the presidency of George W. Bush, when advocates of executive power such as Dick Cheney gained ascendancy, the argument has blazed hotter than ever. Many argue the Constitution itself is in grave danger. What is to be done? The answer, according to legal scholars Eric Posner and Adrian Vermeule, is nothing. In The Executive Unbound, they provide a bracing challenge to conventional wisdom, arguing that a strong presidency is inevitable in the modern world. Most scholars, they note, object to today's level of executive power because it varies so dramatically from the vision of the framers. But there is nothing in our system of checks and balances that intrinsically generates order or promotes positive arrangements. In fact, the greater complexity of the modern world produces a concentration of power, particularly in the White House. The authors chart the rise of executive authority straight through to the Obama presidency. Political, cultural and social restraints, they argue, have been more effective in preventing dictatorship than any law. The executive-centered state tends to generate political checks that substitute for the legal checks of the Madisonian constitution.

The Executive Unbound

Many argue that the Constitution itself is in grave danger. What is to be done? The answer, according to this book, is nothing. The book challenges conventional wisdom, arguing that a strong presidency is inevitable in the modern world.

The Executive Unbound

Author: Eric A. Posner

Publisher:

ISBN:

Page: 249

View: 700

The President and Immigration Law

Eric A. Posner & Adrian Vermeule, The Executive Unbound (2010). In contrast to
Eric Posner and Adrian Vermeule, who describe a pervasive and powerful
Executive largely unconstrained by legal requirement, we think it clear from our ...

The President and Immigration Law

Author: Adam Cox

Publisher: Oxford University Press, USA

ISBN: 019069436X

Page: 352

View: 820

"On February 15, 2019, President Donald Trump declared a national emergency at America's southern border. He depicted a dire crisis, with criminals and drugs flowing unchecked into the country, unlawful border crossers overwhelming enforcement capacity, and dangerous immigrants disappearing into the nation's interior after being released from detention. With his presidential proclamation, he ordered the military to assist in hardening the border, and he declared his intent to re-direct billions of dollars to build the wall he had promised since he first announced his candidacy. In a striking rebuke, Congress voted to overturn the President's declaration of emergency. Never before had Congress rejected a president's proclamation under the National Emergencies Act. Some members decried the President's move as an unlawful usurpation of Congress's power of the purse. Congress had just rejected the administration's request for funds to build a border wall. In trying nonetheless to re-allocate military funding to the project, critics contended, the President displayed contempt for Congress's constitutional authority to appropriate federal dollars. Many representatives argued further that the President had manufactured the crisis, emphasizing that adding an exceedingly expensive wall to already ample enforcement would not address the real problems at the border. Illegal crossings, they noted, had been declining for over a decade and were at historic lows during the President's first two years in office. The types of migrants now arriving at the border presented urgent legal and policy concerns, but not the threat the President imagined. They were families fleeing violence in Central America. They often sought out border patrol agents at ports of entry in order to request asylum, rather than cross through the desert to evade apprehension. A new wall would not stop them. President Trump promptly issued the very first veto of his administration and attempted to press forward with his plans. His clash with Congress was partly about partisan disagreement. It reflected the deep gulf that now separates the Democratic and Republican parties on immigration policy. But even the Republican-controlled Senate voted to reject the President's emergency declaration. "The Senate vote," the Washington Post remarked the following day, "stood as a rare instance of Republicans breaking with Trump in significant numbers on an issue central to his presidency." It remains to be seen whether the President or Congress will emerge with the upper hand; as we go to press, the funding fight remains tied up in the courts. But the unfolding conflict has transcended partisanship, pitting Congress against the Executive in a battle for control of immigration policy"--

Unelected Power

In other words, the boundaries of executive power are constantly being
negotiated. Given this book's concerns, IA leaders would do well to ... 7Posner
and Vermeule, Executive Unbound. 8Drawing on the Basic Law's “democracy
clause,” the ...

Unelected Power

Author: Paul Tucker

Publisher: Princeton University Press

ISBN: 0691176736

Page: 656

View: 314

Guiding principles for ensuring that central bankers and other unelected policymakers remain stewards of the common good Central bankers have emerged from the financial crisis as the third great pillar of unelected power alongside the judiciary and the military. They pull the regulatory and financial levers of our economic well-being, yet unlike democratically elected leaders, their power does not come directly from the people. Unelected Power lays out the principles needed to ensure that central bankers, technocrats, regulators, and other agents of the administrative state remain stewards of the common good and do not become overmighty citizens. Paul Tucker draws on a wealth of personal experience from his many years in domestic and international policymaking to tackle the big issues raised by unelected power, and enriches his discussion with examples from the United States, Britain, France, Germany, and the European Union. Blending economics, political theory, and public law, Tucker explores the necessary conditions for delegated but politically insulated power to be legitimate in the eyes of constitutional democracy and the rule of law. He explains why the solution must fit with how real-world government is structured, and why technocrats and their political overseers need incentives to make the system work as intended. Tucker explains how the regulatory state need not be a fourth branch of government free to steer by its own lights, and how central bankers can emulate the best of judicial self-restraint and become models of dispersed power. Like it or not, unelected power has become a hallmark of modern government. This critically important book shows how to harness it to the people's purposes.

Annual Report of the Executive Committee of the Young Men s Association of the City of Buffalo and the Record of the Proceedings of the Annual Meeting of the Association Also the Annual Report of the Real Estate Commissioners of the Association

House Executive Documents , 35 Cong . , 1858-9 . 13 yols . 8ro . * House
Miscellaneous Reports ... Caswell , Alexis . Meteorological Observations made at
Providence , R. I. , from 1831 to 1860. 1 vol . 4to . - unbound . + Disturnell , J.
Influence ...

Annual Report of the Executive Committee of the Young Men s Association of the City of Buffalo  and the Record of the Proceedings of the Annual Meeting of the Association  Also  the     Annual Report of the Real Estate Commissioners of the Association

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Authorization for Use of Military Force After Iraq and Afghanistan

As was made clear in the President's NDU speech last year , the answer is not
legislation granting the Executive unbound powers more suited for traditional
armed conflicts between nation - states . Rather , the objective is a framework that
will ...

Authorization for Use of Military Force After Iraq and Afghanistan

Author: United States. Congress. Senate. Committee on Foreign Relations

Publisher:

ISBN:

Page: 81

View: 864

Report

A list of the soldiers and sailors who served on the quota of Chelsea ,
Massachusetts , 1861–65 . Chelsea , 1880 ; unbound .. 1 4th and 5th reports of
the executive committee of the Barnard freedmen's aid society of Dorchester ,
Massachusetts ...

Report

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View: 756

Political Science Quarterly

98 Posner and Vermeule , The Executive Unbound , 120 . 99Bruce Ackerman ,
The Decline and Fall of the American Republic ( Cambridge , MA : Belknap Press
of Harvard University Press , 2010 ) . 100Doyle McManus , “ New Law Is Urged ...

Political Science Quarterly

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Vols. 4-38, 40-41 include Record of political events, Oct. 1, 1888-Dec. 31, 1925 (issued as a separately paged supplement to no. 3 of v. 31-38 and to no. 1 of v. 40)

Joint Documents of the State of Michigan

Detroit , etc. , 1848-1883 ; unbound ..... 30 Essex Bar Association , Salem ...
Salem , 1885 ; unbound .. 1 Essex Institute , Salem ... Third annual report of the
executive committee of the Indian rights association , 1885. Philadelphia , 1886 ;
pam .

Joint Documents of the State of Michigan

Author:

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View: 369

Report

Detroit , etc. , 1848-1883 ; unbound .. 36 Essex Bar Association ... Salem , 1885 ;
unbound . Essex Institute , Salem , Mass . ... Third annual report of the executive
committee of the Indian rights association , 1885. Philadelphia , 1886 ; pam .

Report

Author: Michigan State Library

Publisher:

ISBN:

Page:

View: 424

Megalopolis Unbound

By the time I finished , I felt I had impressed many of those present with the merit
of my plan , and a few days later I received a nice letter from Maxwell Lehman ,
executive secretary of the Council , saying : “ Your stimulating and thought ...

Megalopolis Unbound

Author: Claiborne Pell

Publisher:

ISBN:

Page: 233

View: 935

Hastings Law Journal

Eric A. POSNER & ADRIAN VERMEULE , THE EXECUTIVE UNBOUND : AFTER
THE MADISONIAN REPUBLIC 25–26 ( 2010 ) ; Anne Joseph O'Connell , The
Architecture of Smart Intelligence : Structuring and Overseeing Agencies in the ...

Hastings Law Journal

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Europe Unbound

It had made good its claim not only to the disposal of the Crown but to the
absolute control of the finances and armed forces of the nation , while its position
as the seat of the executive Government was defined by the conception of ...

Europe Unbound

Author: Lisle March Phillipps

Publisher:

ISBN:

Page: 212

View: 465