The Law of the Executive Branch: Presidential Power (Oxford Commentaries on American Law)

The Law of the Executive Branch: Presidential Power (Oxford Commentaries on American Law)

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. "Louis Fisher's work has for many years been indispensable to me while I served in Congress. His superb scholarship on the separation of powers and the encroachment of the imperial presidency will be ever more valued when the history of our era is written. With the publication of The Law of the Executive Branch: Presidential Power , Dr. Fisher makes an enormous contribution to the study of the presidency. The book is a masterwork of scholarship, a remarkable milestone in a remarkable career. We all owe him an enormous debt of gratitude." -Ron Paul, M.D., former Member, US House of Representatives "This is a book that all of us wish we could have written, but it is a feat that only Louis Fisher, with his experience not only in testifying on the laws and practices governing the executive but in drafting some of them as well, could have accomplished. It is filled with authoritative accounts of how constitutional law is made - not only by courts, but also by Congress and the Executive. It provides a long-needed rejoinder to the arguments of what Corwin referred to as 'the high-flying prerogative men.' Students, scholars and legal counsel will find this an indispensable volume." -Richard M. Pious, Adolph and Effie Ochs Professor, Barnard College, Graduate School of Arts and Sciences, Columbia University "Louis Fisher is the dean of presidential scholars. His work is known and admired throughout the world. No one has done more to remind Americans that the Constitution is about legitimacy as well as power, that law is much more than what politicians cannot get away with, and that the Constitution does not just belong to judges. Fisher has not only educated generations about major constitutional issues through his award-winning writing; he has anticipated crucial debates with ground-breaking scholarship and has done so with remarkable balance, integrity, clarity, and grace. This book is a must read." -Christopher H. Pyle, Professor, Mount Holyoke College "In all of American law, history, and politics, no one is more well qualified to write this unprecedented, authoritative, and utterly exhaustive volume than Louis Fisher. Not only should this book sit on the desks of lawyers, executive branch officials, presidency scholars, and in the Oval Office, but it should be the pre-requisite for any future presidency scholarship - not because our understanding of the presidency ends with this book, but because it must begin with it. Fisher is the Edward Corwin of our day, and as long as there is an America, this will be his immortal volume." -Robert J. Spitzer, Distinguished Service Professor and Chair of Political Science, SUNY Cortland "Lou Fisher's deeply learned and masterful analysis of presidential power and the Constitution illuminates history, law, and contemporary debate. The Law of the Executive Branch: Presidential Power is a magnificent, meticulously researched scholarly exploration of a timely subject that has stirred controversy since the founding, and it will be universally heralded as an instant classic." -David Gray Adler, Cecil D. Andrus Professor of Public Affairs, Boise State University, Director of The Andrus Center for Public Policy "Lou Fisher's The Law of the Executive Branch: Presidential Power is must reading for anyone who is interested in our constitutional system. Fisher brings a wealth of experience and understanding about the Framers' d