Executive Materials

By revisiting Thomas Jefferson's understanding of executive power this book offers a new understanding of the origins of presidential power. Before Jefferson was elected president, he arrived at a way to resolve the tension between constitutionalism and executive power. Because his solution would preserve a strict interpretation of the Constitution as well as transform the precedents left by his Federalist predecessors, it provided an alternative to Alexander Hamilton's understanding of executive power. In fact, a more thorough account of Jefferson's political career suggests that Jefferson envisioned an executive that was powerful, or 'energetic', because it would be more explicitly attached to the majority will. Jefferson's Revolution of 1800, often portrayed as a reversal of the strong presidency, was itself premised on energy in the executive and was part of Jefferson's project to enable the Constitution to survive and even flourish in a world governed by necessity.

From two-time Pulitzer Prize-winning historian Arthur M. Schlesinger, Jr., comes one of the most important and influential investigations of the American presidency. The Imperial Presidency traces the growth of presidential power over two centuries, from George Washington to George W. Bush, examining how it has both served and harmed the Constitution and what Americans can do about it in years to come. The book that gave the phrase "imperial presidency" to the language, this is a work of "substantial scholarship written with lucidity, charm, and wit" (The New Yorker).

Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent--and limits--of presidential power One of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president. Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion. Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.

This book is the first to undertake a detailed historical and legal examination of presidential power and the theory of the unitary executive. This theory-that the Constitution gives the president the power to remove and control all policy-making subordinates in the executive branch-has been the subject of heated debate since the Reagan years. To determine whether the Constitution creates a strongly unitary executive, Steven G. Calabresi and Christopher S. Yoo look at the actual practice of all forty-three presidential administrations, from George Washington to George W. Bush. They argue that all presidents have been committed proponents of the theory of the unitary executive, and they explore the meaning and implications of this finding.

This brief hornbook offers an overview of federalism, the separation of powers, and related matters of constitutional structure.

Provides succinct and authoritative coverage of the major principles in modern American constitutional law. This book is a shortened version based on the authors' hornbook (popular with students) and their six-volume treatise (popular with judges, practitioners, and scholars).

This treatise is very popular among law students. Authored by Erwin Chemerinsky, this work provides both an introduction to constitutional principles but also an advanced discussion of various policy goals and the multiple schools of thought in textual analysis. Chapter 4 discusses executive authority.