Presidential Discretion

Presidential Discretion PDF

Author: Debtoru Chatterjee

Publisher: Oxford University Press, USA

Published: 2016

Total Pages: 0

ISBN-13: 9780199466566

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This title examines the discretionary powers of the President of India. It is replete with examples mainly drawn from India, the Commonwealth countries, and Great Britain, of actual instances of exercise of such powers by a constitutional sovereign. For instance, the book flags the crucial role a President can play in the event of a hung parliament.

The President and Immigration Law

The President and Immigration Law PDF

Author: Adam B. Cox

Publisher: Oxford University Press

Published: 2020-08-04

Total Pages: 361

ISBN-13: 0190694386

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Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

The Law of the Executive Branch

The Law of the Executive Branch PDF

Author: Louis Fisher

Publisher: Oxford University Press

Published: 2014

Total Pages: 482

ISBN-13: 0199856214

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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. Each provision of the US Constitution is analyzed to reveal its contemporary meaning and in concert with the application of presidential power.

The Discretionary President

The Discretionary President PDF

Author: Benjamin A. Kleinerman

Publisher:

Published: 2009

Total Pages: 352

ISBN-13:

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Examines both the peril and the promise of presidential power to clarify that what can destroy our Constitution can--if the threat is dire--also save it. An unusually balanced study that argues for a middle path whereby presidents choose consciously to act temporarily outside or even against the laws in serving the nation's best interest.

Immigration Outside the Law

Immigration Outside the Law PDF

Author: Hiroshi Motomura

Publisher: Oxford University Press

Published: 2014-06-02

Total Pages: 361

ISBN-13: 0199385300

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In 1975, Texas adopted a law allowing school districts to bar children from public schools if they were in the United States unlawfully. The US Supreme Court responded in 1982 with a landmark decision, Plyler v. Doe, that kept open the schoolhouse doors, allowing these children to get the education that state law would have denied. The Court established a child's constitutional right to attend public elementary and secondary schools, regardless of immigration status. With Plyler, three questions emerged that have remained central to the national conversation about immigration outside the law: What does it mean to be in the country unlawfully? What is the role of state and local governments in dealing with unauthorized migration? Are unauthorized migrants "Americans in waiting?" Today, as the United States weighs immigration reform, debates over "illegal" or "undocumented" immigrants have become more polarized than ever. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura, author of the award-winning Americans in Waiting, offers a framework for understanding why these debates are so contentious. In a reasoned, lucid, and careful discussion, he explains the history of unauthorized migration, the sources of current disagreements, and points the way toward durable answers. In his refreshingly fair-minded analysis, Motomura explains the complexities of immigration outside the law for students and scholars, policy-makers looking for constructive solutions, and anyone who cares about this contentious issue.

Power without Persuasion

Power without Persuasion PDF

Author: William G. Howell

Publisher: Princeton University Press

Published: 2015-07-15

Total Pages: 263

ISBN-13: 1400874394

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Since the early 1960s, scholarly thinking on the power of U.S. presidents has rested on these words: "Presidential power is the power to persuade." Power, in this formulation, is strictly about bargaining and convincing other political actors to do things the president cannot accomplish alone. Power without Persuasion argues otherwise. Focusing on presidents' ability to act unilaterally, William Howell provides the most theoretically substantial and far-reaching reevaluation of presidential power in many years. He argues that presidents regularly set public policies over vocal objections by Congress, interest groups, and the bureaucracy. Throughout U.S. history, going back to the Louisiana Purchase and the Emancipation Proclamation, presidents have set landmark policies on their own. More recently, Roosevelt interned Japanese Americans during World War II, Kennedy established the Peace Corps, Johnson got affirmative action underway, Reagan greatly expanded the president's powers of regulatory review, and Clinton extended protections to millions of acres of public lands. Since September 11, Bush has created a new cabinet post and constructed a parallel judicial system to try suspected terrorists. Howell not only presents numerous new empirical findings but goes well beyond the theoretical scope of previous studies. Drawing richly on game theory and the new institutionalism, he examines the political conditions under which presidents can change policy without congressional or judicial consent. Clearly written, Power without Persuasion asserts a compelling new formulation of presidential power, one whose implications will resound.

The Presidential Expectations Gap

The Presidential Expectations Gap PDF

Author: Richard W. Waterman

Publisher: University of Michigan Press

Published: 2014-03-14

Total Pages: 217

ISBN-13: 0472119141

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Today, all presidents confront an expectations gap—the difference between what the public expects them to accomplish and what is actually possible

Presidential War Power

Presidential War Power PDF

Author: Louis Fisher

Publisher:

Published: 2004

Total Pages: 344

ISBN-13:

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For this new edition, Louis Fisher has updated his arguments to include critiques of the Clinton & Bush presidencies, particularly the Use of Force Act, the Iraq Resolution of 2002, the 'preemption doctrine' of the current U.S. administration, & the order authorizing military tribunals.

The Enigma of Presidential Power

The Enigma of Presidential Power PDF

Author: Fang-Yi Chiou

Publisher: Cambridge University Press

Published: 2017-04-18

Total Pages: 247

ISBN-13: 1108127517

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With gridlock, presidents increasingly rely on unilateral actions - means not requiring legislative statutes - which many view as tantamount to power. Using a variety of approaches, Chiou and Rothenberg show that this need not be the case as, under many conditions, the chief executive's employment of such tools is constrained. Rather, presidents contemplating issuing executive orders are often constrained by worries about challenging the legislature and the courts. Most notably, the ability of Congress to employ extra-statutory means, involving efforts by legislators and their parties that don't require passing a law, limit how presidents utilize their discretion. Additionally, political parties can influence presidential choices and actions both by restricting the ideological direction in which presidents can push policy via discretionary authority and by agenda-setting and disciplining members in the legislative process. Nor are all presidential actions equal, as the policy area involved and the importance of an action condition presidential power.

Presidential Powers

Presidential Powers PDF

Author: Harold J Krent

Publisher: NYU Press

Published: 2005-02

Total Pages: 287

ISBN-13: 0814747825

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A legal examination of the constituitonal powers granted to U.S. Presidents.