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.
Author: Eric A. Posner
Publisher: Oxford University Press
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.
31 The two professors are Eric A. Posner of the University of Chicago Law School
and Adrian Vermeule of Harvard Law School, who wrote The Executive Unbound
: After the Madisonian Republic. In their book, they criticize a “tradition” they ...
Author: David Rudenstine
Publisher: Oxford University Press
In October 1948-one year after the creation of the U.S. Air Force as a separate military branch-a B-29 Superfortress crashed on a test run, killing the plane's crew. The plane was constructed with poor materials, and the families of the dead sued the U.S. government for damages. In the case, the government claimed that releasing information relating to the crash would reveal important state secrets, and refused to hand over the requested documents. Judges at both the U.S. District Court level and Circuit level rejected the government's argument and ruled in favor of the families. However, in 1953, the Supreme Court reversed the lower courts' decisions and ruled that in the realm of national security, the executive branch had a right to withhold information from the public. Judicial deference to the executive on national security matters has increased ever since the issuance of that landmark decision. Today, the government's ability to invoke state secrets privileges goes unquestioned by a largely supine judicial branch. David Rudenstine's The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II. He shows how in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary. Judges are mindful of the limits of their competence in national security matters; this, combined with their insulation from political accountability, has caused them in matters as important as the nation's security to defer to the executive. Judges are also afraid of being responsible for a decision that puts the nation at risk and the consequences for the judiciary in the wake of such a decision. Nonetheless, The Age of Deference argues that as important as these considerations are in shaping a judicial disposition, the Supreme Court has leaned too far, too often, and for too long in the direction of abdication. There is a broad spectrum separating judicial abdication, at one end, from judicial usurpation, at the other, and The Age of Deference argues that the rule of law compels the court to re-define its perspective and the legal doctrines central to the Age.
See ERIC A. POSNER & ADRIAN VERMEULE, THE EXECUTIVE UNBOUND:
AFTER THE MADISONIAN REPUBLIC (2010). 45. Id. at 7, 10, 65, 75. 46. Id. at 89
. 47. Id. at 15. 48. Id. at 204. 49. Professor Richard M. Pious began a review of
Author: H. Jefferson Powell
Publisher: Oxford University Press
Targeting Americans: The Constitutionality of the U.S. Drone War focuses on the legal debate surrounding drone strikes, the use of which has expanded significantly under the Obama Presidency as part of the continuing war against terror. Despite the political salience of the legal questions raised by targeted killing, the author asserts that there has been remarkably little careful analysis of the fundamental legal question: the constitutionality of the policy. From a position of deep practical expertise in constitutional issues, Prof. Powell provides a dispassionate and balanced analysis of the issues posed by U.S. targeted killing policy, using the killing of Anwar al-Awlaki in September 2011 as a focus for discussion. While Powell concludes that the al-Awlaki strike was constitutional under 2001 legislation, he rejects the Obama administration's broader claims of authority for its drone policies. Furthermore, he argues, citizens acting as combatants in al-Qaeda and associated groups are not entitled to due process protections: by due process standards, the administration's procedures are legally inadequate. A fundamental theme of the book is that the conclusion that an action or policy is constitutional should not be confused with claims about its wisdom, morality, or legality under international norms. Part of the purpose of constitutional analysis is to draw attention to these other normative concerns and not, as is too often the case, to occlude them.
Jenny S. Martinez, “Inherent Executive Power: A Comparative Perspective,” Yale
Law Journal 115 (2006): 2510–11. ... Eric A. Posner and Adrian Vermeule, The
Executive Unbound: After the Madisonian Republic (New York: Oxford University
Author: G. Calvin Mackenzie
Publisher: Rowman & Littlefield
The Imperiled Presidency: Presidential Leadership in the 21st Century calls for a dramatic re-evaluation of the American president’s role within the separation of powers system. In contrast with claims by academics, pundits, media, and members of Congress, this provocative new book argues that the contemporary American presidency is too weak rather than too strong. Cal Mackenzie offers the contrarian argument that the real constitutional crisis in contemporary American politics is not the centralization and accumulation of power in the presidency, but rather that effective governance is imperiled by the diminished role of the presidency. The product of more than three years of research and writing and nearly four decades of the author’s teaching and writing about the American presidency, The Imperiled Presidency is the first book-length treatment of the weaknesses of the modern presidency, written to be accessible to undergraduates and interested citizens alike. It engages with a wide range of literature that relates to the presidency, including electoral politics, budgetary politics, administrative appointments, and the conduct of foreign affairs. It would be a useful complement to courses that rely primarily on a single textbook, as well as courses that are built around more specific readings from a range of books and articles.
Posner, EA andVermeule, A(2010)The Executive Unbound, New York, Oxford
UniversityPress. Power, M (1997)The Audit Society, Oxford, Oxford University
Press. Premfors, R(1998) 'Reshaping the Democratic State',Public Administration
Author: M. Lodge
Executive Politics in Times of Crisis brings together leading international scholars to consider key trends and challenges that have defined executive politics over the past decade. It showcases key debates in executive politics and contributes to an understanding of the 'executive factor' in political life.
The previous year, the company had generated 37 percent of its annual revenue
during the hot summer months and Ramadan, its two largest sales seasons, a top
executive told me. The company got another sales bump during hajj, which ...
Author: Vijay Mahajan
Publisher: John Wiley & Sons
An expert's guide to exploring business opportunities in the burgeoning Arab marketplace This groundbreaking book reveals the myriad opportunities presented by the Arab World's market of 350 million consumers, who collectively wield the ninth-largest economy in the world. Based on the author's firsthand research, including hundreds of market visits and more than 600 interviews at companies doing business throughout the region, this book shows how globally interconnected and vibrant the Arab markets are. Through a rich blend of data and anecdotal observations, it chronicles how, by respecting the region's culture and religious norms, hundreds of local and multinational companies and entrepreneurs are creating successful businesses in this large and growing marketplace. Hundreds of interviews and illustrative examples peel away stereotypes about Arab consumers to reveal diverse, vibrant and entrepreneurial consumer markets Explains how multinational companies, such as Coca-Cola, Unilever, and Proctor & Gamble, and leading regional companies are working successfully in the Arab nations Shows how Arab entrepreneurs, both men and women, are shaping the regional and global marketplaces Vijay Mahajan, author of two previous award-winning books on emerging markets, is one of the world's most-cited researchers in the business and economics sector As the global marketplace continues to expand, this book offers anyone interested in investing in the Arab world an expert perspective on the boundless business opportunities.
... a fairminded reader of The Executive Unbound likely finishes the book with
theimpression that PV are highly skeptical that law plays any meaningfulor
substantial roleinchecking the executive. Instead,PV claim, themain
Author: University of Chicago Law Review
Publisher: Quid Pro Books
A leading law review offers a quality eBook edition. This second issue of 2012 features articles and essays from internationally recognized legal scholars. Authors include Eric Biber, writing on variations in scientific disciplines, experts, and environmental law; Frederic Bloom and Christopher Serkin, on suing courts and takings of property; Myriam Gilles and Gary Friedman, on aggregating consumer litigation after the AT&T Mobility decision on class actions; and David Skeel, Jr., on the possibility of bankruptcy for several U.S. states. In addition, the issue includes book review essays by Aziz Huq, concerning the power and limits of the executive branch; and by Laura Nirider, Joshua Tepfer, and Steven Drizin, on convicting the innocent and false confessions. Finally, an extensive student contribution explores antitrust law, state immunity from suit, and state licensing boards. In the eBook edition, Tables of Contents are active, including those for individual articles; footnotes are fully linked and properly numbered; graphs and figures are reproduced legibly; URLs in footnotes are active; and proper eBook formatting is used.
Consider, for example, the following 1794 broadcast letter by the president of a
new insurance company in Philadelphia: Having undertaken the Executive part
of the Business of an Insurance Company in this City lately incorporated under
Author: Robert Eric Wright
Publisher: Greenwood Publishing Group
Modern financial theories enable us to look at old problems in early American Republic historiography from new perspectives. Concepts such as information asymmetry, portfolio choice, and principal-agent dilemmas open up new scholarly vistas. Transcending the ongoing debates over the prevalence of either community or capitalism in early America, Wright offers fresh and compelling arguments that illuminate motivations for individual and collective actions, and brings agency back into the historical equation. Wright argues that the Colonial rebellion was in part sparked by destabilizing British monetary policy that threatened many with financial insolvency; that in areas without modern financial institutions and practices, dueling was a rational means of protecting one's creditworthiness; that the principle-agent problem led to the institutionalization of the U.S. Constitution's system of checks and balances; and that a lack of information and education induced women to shift from active business owners to passive investors. Economists, historians, and political scientists alike will be interested in this strikingly novel and compelling recasting of our nation's formative decades.
... recording a conversation between the president and his chief of staff, H. R.
Haldeman, held on the morning of November 3, 1971, in the Executive Office
Building of the United States. Roth had written Our Gang hurriedly, while other
Author: Claudia Roth Pierpont
Publisher: Farrar, Straus and Giroux
A critical evaluation of Philip Roth—the first of its kind—that takes on the man, the myth, and the work Philip Roth is one of the most renowned writers of our time. From his debut, Goodbye, Columbus, which won the National Book Award in 1960, and the explosion of Portnoy's Complaint in 1969 to his haunting reimagining of Anne Frank's story in The Ghost Writer ten years later and the series of masterworks starting in the mid-eighties—The Counterlife, Patrimony, Operation Shylock, Sabbath's Theater, American Pastoral, The Human Stain—Roth has produced some of the great American literature of the modern era. And yet there has been no major critical work about him until now. Here, at last, is the story of Roth's creative life. Roth Unbound is not a biography—though it contains a wealth of previously undisclosed biographical details and unpublished material—but something ultimately more rewarding: the exploration of a great writer through his art. Claudia Roth Pierpont, a staff writer for The New Yorker, has known Roth for nearly a decade. Her carefully researched and gracefully written account is filled with remarks from Roth himself, drawn from their ongoing conversations. Here are insights and anecdotes that will change the way many readers perceive this most controversial and galvanizing writer: a young and unhappily married Roth struggling to write; a wildly successful Roth, after the uproar over Portnoy, working to help writers from Eastern Europe and to get their books known in the West; Roth responding to the early, Jewish—and the later, feminist—attacks on his work. Here are Roth's family, his inspirations, his critics, the full range of his fiction, and his friendships with such figures as Saul Bellow and John Updike. Here is Roth at work and at play. Roth Unbound is a major achievement—a highly readable story that helps us make sense of one of the most vital literary careers of the twentieth and twenty-first centuries.
For an ambitious, well-educated woman, children can be a barrier to entering the
executive suite. For the less well-educated, a sick child can spell the difference
between holding on to a job and ending up dependent on government ...
Author: Isabel V. Sawhill
Publisher: Brookings Institution Press
Over half of all births to young adults in the United States now occur outside of marriage, and many are unplanned. The result is increased poverty and inequality for children. The left argues for more social support for unmarried parents; the right argues for a return to traditional marriage. In Generation Unbound, Isabel V. Sawhill offers a third approach: change "drifters" into "planners." In a well-written and accessible survey of the impact of family structure on child well-being, Sawhill contrasts "planners," who are delaying parenthood until after they marry, with "drifters," who are having unplanned children early and outside of marriage. These two distinct patterns are contributing to an emerging class divide and threatening social mobility in the United States. Sawhill draws on insights from the new field of behavioral economics, showing that it is possible, by changing the default, to move from a culture that accepts a high number of unplanned pregnancies to a culture in which adults only have children when they are ready to be a parent.
He maywellhave done, since of course there were leaks from the executive and
Shakespeare's ears may well have reachedinto thePrivy Council through
Southamptonand Essex. The Burbages had hired Peter Street to convert the
Author: René Weis
Publisher: Henry Holt and Company
At last—a key that unlocks the secrets of Shakespeare's life Intimacies with Southampton and Marlowe, entanglements in London with the elusive dark lady, the probable fathering of an illegitimate son—these are among the mysteries of Shakespeare's rich and turbulent life that have proven tantalizingly obscure. Despite an avalanche of recent scholarship, René Weis, an acknowledged authority on the Elizabethan period, believes the links between the bard's life and the poems and plays have been largely ignored. Armed with a wealth of new archival research and his own highly regarded interpretations of the literature, the author finds provocative parallels between Shakespeare's early experiences in the bustling market town of Stratford—including a dangerous poaching incident and contacts with underground Catholics—and the plays. Breaking with tradition, Weis reveals that it is the plays and poems themselves that contain the richest seam of clues about the details of Shakespeare's personal life, at home in Stratford and in the shadowy precincts of theatrical London—details of a code unbroken for four hundred years.
269 Eric A. Posner and Adrian Vermeule, The Executive Unbound: After the
Madisonian Republic (Oxford: Oxford University Press, 2010) at 32–33. 270 For a
perceptive critique, see Richard Pildes, “Law and the President” (2012) 125
Author: Alexander Somek
Publisher: OUP Oxford
Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations. This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world.
... Law Review (2009); Terror in the Balance: Security, Liberty and the Courts (
Oxford University Press, 2007, with Eric A. Posner); and The Executive Unbound:
After the Madisonian Republic (Oxford University Press, 2011, with Eric A. Posner
Author: David Jenkins
Publisher: Oxford University Press
The terrorist attacks of 9/11 precipitated significant legal changes over the ensuing ten years, a "long decade" that saw both domestic and international legal systems evolve in reaction to the seemingly permanent threat of international terrorism. At the same time, globalization produced worldwide insecurity that weakened the nation-state's ability to monopolize violence and assure safety for its people. The Long Decade: How 9/11 Changed the Law contains contributions by international legal scholars who critically reflect on how the terrorist attacks of 9/11 precipitated these legal changes. This book examines how the uncertainties of the "long decade" made fear a political and legal force, challenged national constitutional orders, altered fundamental assumptions about the rule of law, and ultimately raised questions about how democracy and human rights can cope with competing security pressures, while considering the complex process of crafting anti-terrorism measures.
ERIC A. POSNER & ADRIAN VERMEULE, THE EXECUTIVE UNBOUND: AFTER
THE MADISONIAN REPUBLIC 178 (2010) (even in a dictatorship “there will
almost always be political forces the dictator(s) must be careful to reward or ...
Author: William Banks
Publisher: Oxford University Press
In Counterinsurgency Law, William Banks and several distinguished contributors explore from an interdisciplinary legal and policy perspective the multiple challenges that counterinsurgency operations pose today to the rule of law - international, humanitarian, human rights, criminal, and domestic. Addressing the considerable challenges for the future of armed conflict, each contributor in the book explores the premise that in COIN operations, international humanitarian law, human rights law, international law more generally, and domestic national security laws do not provide adequate legal and policy coverage and guidance for multiple reasons, many of which are explored in this book. A second shared premise is that these problems are not only challenges for the law in post-9/11 security environments-but matters of policy with implications for the international community and for global security more generally.