Constitutional Conflicts between Congress and the President or Classics of Moral and Political Theory

Constitutional Conflicts Between Congress and the President

Author: Louis Fisher

Nearly three decades after its initial publication, Louis Fisher's durable classic remains at the head of its class-a book that Congressional Quarterly called "as close to being indispensable as anything published in this field." This newly revised and updated fifth edition emphatically reinforces that sterling reputation.

Fisher dissects the crucial constitutional disputes between the executive and legislative branches of government from the Constitutional Convention through President Clinton's impeachment battles to the recent controversies over President Bush's conduct as commander in chief. He ventures beyond traditional discussions of Supreme Court decisions to examine the day-to-day working relationships between the president and Congress.

To scholars, this book offers a comprehensive examination of the institutions and issues of public law. For practitioners, general readers, and students of American government, it demonstrates how constitutional issues shape and define current events.

New material in this edition:
• Post-9/11 wars in Afghanistan and Iraq
• Military tribunals and NSA eavesdropping
• Kosovo war in 1999
• Impeachment of President Clinton
• Termination of ABM treaty
• Controversies over appointments and removals
• Disputes over executive orders and proclamations
• Presidential signing statements
• Developments with item veto and pocket veto
• Public access to intelligence budgets
• FBI search warrant of congressman's office
• State secrets privilege
• Presidential and vice-presidential immunity

Choice

The preeminent treatise on the separation of powers, Fisher's book is constitutional scholarship at its best.

Booknews

In this extensively revised edition of his classic study (originally published in 1978), Fisher examines this complex relationship between the executive and legislative branches of government from the Constitutional Convention through the beginning of the Bush administration, venturing beyond traditional discussions of Supreme Court decisions to examine the day-to-day working relationships between the president and Congress. Paper edition (unseen), $14.95. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Table of Contents:

	Preface
	Note on Citations
1	Constitutional Struggles	1
	The Elements of Constitutionalism	1
	The Doctrine of Separated Powers	6
	Implied Powers	14
	Custom and Acquiescence	18
2	Appointment Powers	22
	Basic Principles	22
	The Power to Nominate	26
	Senate Advice and Consent	32
	Recess Appointments	38
	Temporary Appointments	46
3	Theory in a Crucible: The Removal Power	49
	The "Decision of 1789"	50
	Controversies from Jackson to Cleveland	54
	Court Interpretations: 1789 to 1926	57
	The Myers Case and Its Progeny	60
	Disloyalty Dismissals and Procedural Safeguards	66
	Removal Actions from Nixon to Bush	72
	Clinton's Travelgate	77
	The Congressional Presence	83
4	Legislative Powers	87
	Delegation	88
	Checks on Delegated Power	98
	Nonstatutory Controls	103
	Administrative Legislation	106
5	Vetoes: Presidential and Legislative	119
	The Presidential Veto	119
	Pocket Vetoes	128
	The Item Veto	132
	The Legislative Veto	141
	Chadha and Beyond	152
6	Power over Knowledge: Seeking and Withholding Information	160
	Congressional Investigations	160
	The Speech or Debate Clause	172
	Presidential Immunity	175
	Impeachment	177
	Executive Privilege	181
7	The Power of the Purse	196
	Constitutional Limitations	196
	Presidential Responsibility for Estimates	199
	Congressional Revision of Estimates	201
	The Budget Act of 1974	207
	Secret Spending	212
	Combining Purse and Sword: The Iran-Contra Affair	219
8	Treaties and Executive Agreements	225
	Treaties	225
	The Role of the House	234
	Treaty Termination	242
	Treaty Reinterpretation	245
	Executive Agreements	248
9	The War Power	256
	Commander in Chief	256
	Executive Prerogative	259
	Life-and-Property Actions	266
	Delegated Emergency Powers	271
	The War Powers Resolution of 1973	274
	The Politics of Comity	292
10	Conclusions	295
	Appendix. The Constitution of the United States of America (Selections)	305
	Suggested Readings	315
	Index of Cases	325
	Subject Index	333

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Classics of Moral and Political Theory

Author: Michael L Ed Morgan

The 4th edition of Classics of Moral and Political Theory widens the breadth, depth, and appeal of this collection by featuring Paul Woodruff's translation of Sophocles' Antigone, Rodney Livingstone's translation of Weber's "Politics as a Vocation," and selections from Mill's The Subjection of Women; in addition C.D.C. Reeve's new translations of Plato's Republic (rendered into direct dialogue), Euthyphro, Apology, Crito, and the death scene from the Phaedo replace the translations of these works currently in use.