Louis Fisher - Böcker

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.

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.

Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts.This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.

Who makes constitutional law? Is constitutional doctrine the monopoly of the courts? In accessible and persuasive prose Louis Fisher explains that constitutional law is not solely or even primarily the Supreme Court's "final word" but rather a richly political convergence of separate interpretations. With a broad range of examples, he argues that constitutional principles emerge from a dialogue among all three branches of government--executive, legislative, and judicial. Important contributions also come from the states and the general public. Fisher identifies executive and legislative initiatives in many areas of constitutional significance. Where there is litigation, the Court generally upholds these initiatives or may avoid making a constitutional decision by using "threshold devices." On those rare occasions when the Supreme Court exercises judicial review and strikes down a presidential or congressional action, it is usually only a matter of time before the proposal is revived and the dialogue begins again. Originally published in 1988.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Each year billions of dollars are diverted by the President and his assistants from the purposes for which Congress intended them. Billions more are used in confidential and covert ways, without the knowledge of Congress and the public. Here is the first account of how this money is actually spent. Louis Fisher writes: "When it comes to the administration of the budget, we find nothing that is obvious, very little that is visible. Our priorities here are peculiar. We fix upon the appropriations process, watching with great fascination as Congress goes about its business of making funds available to agencies. What happens after that point --the actual spending of money--rarely commands our attention." To unravel the mystery, Louis Fisher has investigated different forms of discretionary action: the transfer of funds that initially financed the Cambodian incursion; impoundment during the Nixon administration; covert financing; the reprogramming of funds; and unauthorized commitments. He describes each of these devices in operation and provides the historical background of Presidential spending power.In conclusion Louis Fisher presents a cogent and timely analysis of what can be done to improve Congressional control. Sufficient control, he maintains, cannot be achieved merely through the appropriations process, and he makes important recommendations designed to preserve discretionary authority while improving Congressional supervision. Originally published in 1975. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Who makes constitutional law? Is constitutional doctrine the monopoly of the courts? In accessible and persuasive prose Louis Fisher explains that constitutional law is not solely or even primarily the Supreme Court's "final word" but rather a richly political convergence of separate interpretations. With a broad range of examples, he argues that constitutional principles emerge from a dialogue among all three branches of government--executive, legislative, and judicial. Important contributions also come from the states and the general public. Fisher identifies executive and legislative initiatives in many areas of constitutional significance. Where there is litigation, the Court generally upholds these initiatives or may avoid making a constitutional decision by using "threshold devices." On those rare occasions when the Supreme Court exercises judicial review and strikes down a presidential or congressional action, it is usually only a matter of time before the proposal is revived and the dialogue begins again. Originally published in 1988.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Each year billions of dollars are diverted by the President and his assistants from the purposes for which Congress intended them. Billions more are used in confidential and covert ways, without the knowledge of Congress and the public. Here is the first account of how this money is actually spent. Louis Fisher writes: "When it comes to the administration of the budget, we find nothing that is obvious, very little that is visible. Our priorities here are peculiar. We fix upon the appropriations process, watching with great fascination as Congress goes about its business of making funds available to agencies. What happens after that point --the actual spending of money--rarely commands our attention." To unravel the mystery, Louis Fisher has investigated different forms of discretionary action: the transfer of funds that initially financed the Cambodian incursion; impoundment during the Nixon administration; covert financing; the reprogramming of funds; and unauthorized commitments. He describes each of these devices in operation and provides the historical background of Presidential spending power.In conclusion Louis Fisher presents a cogent and timely analysis of what can be done to improve Congressional control. Sufficient control, he maintains, cannot be achieved merely through the appropriations process, and he makes important recommendations designed to preserve discretionary authority while improving Congressional supervision. Originally published in 1975. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

It is often assumed that the judiciary - especially the Supreme Court - provides the best protection of religious freedom in the USA. Louis Fisher, however, argues that only on occasion does the Court lead the charge for minority rights. More likely it is seen pulling up the rear. By contrast, Congress frequently acts to protect religious groups by exempting them from general laws on taxation, social security, military service, labour, and countless other statutes. Indeed, legislative action on behalf of religious freedom is an American success story, but one that Fisher argues has been poorly understood by many. Taking in the full span of American history, Fisher demonstrates that over the course of two centuries of American government Congress has often been at the forefront of establishing and protecting rights that have been neglected, denied or unrecognized by the Court - and that statutory provisions far outstrip, in both number and importance, the court cases that have expanded religious rights. In this text, Fisher presents a series of case studies that explain how Supreme Court rulings on religious liberty have been challenged and countermanded by public pressures, legislation, and independent state action. He tells how religious groups interested in securing the rights of conscientious objectors received satisfaction by taking their cases to Congress, not the courts; how public uproar over a 1940 Supreme Court ruling sustaining compulsory flag-salutes resulted in a court reversal; and how Congress intervened in a 1986 ruling upholding a military prohibition of skullcaps for Jews. By describing other controversies such as school prayer, Indian religious freedom, the religious use of peyote, and statutory exemptions for religious organizations, Fisher demonstrates that we must understand the political and not just the judicial context for the safeguards that protect religious minorities.

Offers coverage of wartime extra-legal courts. Focusing on those periods when the Constitution and civil liberties have been most severely tested by threats to national security, Fisher critiques tribunals called during the presidencies of Washington, Madison, Jackson, Lincoln, Andrew Johnson, Wilson, Franklin Roosevelt, and Truman

In 1942, eight Germans landed on US shores bent on sabotage. Louis Fisher chronicles their capture, trial, and punishment in order to examine the extent to which procedural rights are suspended in time of war. He analyzes the Supreme Court decision Ex parte Quirin (1942), reconstructing the rush to judgment.

When a B-29 bomber exploded over Georgia in 1948, the victims' families were denied access to crucial information relating to the accident because the federal government claimed such access would endanger national security. When the Supreme Court upheld that claim in United States v. Reynolds (1953), a new precedent was established, allowing the executive branch to assert an all-encompassing ""state secret privilege"" as a basis for withholding information from public scrutiny. For more than fifty years, that decision has been viewed with apprehension by a great many scholars and citizens, who feel it has fostered a dangerous cult of secrecy and undermined accountability by declaring that only the executive branch can be trusted with sensitive material. Now Louis Fisher, America's leading authority on separation of powers, recounts the story of Reynolds to reassess its lasting impact on our society. Taking us back to a time when Americans were preoccupied with protecting military secrets from the Red Menace, Fisher shows how this case produced fundamental distortions in the judicial process that have increased with each passing year. He critiques the government's arguments in Reynolds from district court to Supreme Court and dissects the landmark opinion authored by Chief Justice Fred Vinson. He also explains how Reynolds affected subsequent battles over executive-held information both within the courts - the Pentagon Papers, the Watergate tapes - and between Congress and the president, as exemplified by the Freedom of Information Act and the much-debated Foreign Intelligence Surveillance Act. Drawing upon declassified documents and interviews with surviving family members, he weaves a compelling story - one that took a new twist when it was finally discovered that the information originally withheld was not sensitive at all but rather revealed Air Force negligence. Especially in light of the Bush administration's continued use of Reynolds to justify its post-9/11 claims to unilateral authority, Fisher's work could not be more timely. His book is essential reading for all who question presidential authority - and should be required reading for all who don't.

The announced purpose of U.S. antiterrorist policies after 9/11 was to bring democracy and the rule of law to the Middle East. At home, those values were regularly threatened by illegal, unconstitutional, secret, and unaccountable programs. The Bush administration claimed that terrorists hate America for its freedoms, yet its actions jeopardized those freedoms and brought the reputation of the United States lower in the eyes of the world.Government surveillance. Suspension of habeas corpus. Secret tribunals. Most Americans would recognize these controversial topics from today's headlines. Unfortunately, as Louis Fisher reminds us, such violations of freedom have been with us throughout our history - and continue to threaten the Constitution and the rights that it protects.Distilling more than two centuries of history into a panoramic and compelling narrative, Fisher chronicles the longstanding tension between protecting our constitutional rights and safeguarding national security, from the Whiskey Rebellion to the McCarthy hearings to George W. Bush's ""War on Terror."" Along the way, he raises crucial questions regarding our democracy's ongoing tug-of-war between secrecy and transparency, between expediency and morality, and between legal double-talk and the true rule of law.Fisher focuses especially on how the Bush administration's responses to 9/11 have damaged our constitutional culture and values, threatened individual liberties, and challenged the essential nature of our government's system of checks and balances. His close analysis of five topics - the resurrection of military tribunals, the Guantanamo detainees, the state secrets privilege, NSA surveillance, and extraordinary rendition - places into sharp relief the gradual but relentless erosion of fundamental rights along with an enormous expansion and concentration of presidential power in the post-9/11 era.For Fisher, the Constitution's strength as a guarantor of freedom and rights is only as sound and reliable as our own commitment to the values it describes. Each generation of Americans is asked in essence: do you want a republic or a monarchy? Benjamin Franklin, of course, famously responded: ""A republic, if you can keep it."" Fisher's book reminds us of the political principles we need to rediscover to keep our nation free.

A classic and bestselling work by one of America’s top Constitutional scholars, Presidential War Power garnered the lead review in the New York Times Book Review and raised essential issues that have only become more timely, relevant, and controversial in our post-9/11 era. In this third edition, Louis Fisher updates his arguments throughout, critiques the presidential actions of George W. Bush and Barack Obama, and challenges what he views as their dangerous expansion of executive power. Spanning the life of the Republic from the Revolutionary Era to the War on Terror, the new edition covers for the first time: Indefinite detention of civilians and non-civilians without trialPresident Obama’s failed effort to close GuantánamoNSA wiretapping and Fourth Amendment violationsPresidential decision-making relating to the wind-down of the wars in Iraq and AfghanistanU.S. military operations against Libya in 2011Continued abuse of the state secrets privilege in national security court casesSecret legal memos justifying the use of UAVs or drones for targeted killings overseasExtended comparison of the expansion of executive power under George W. Bush and Barack Obama

Over 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 sixth 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. By analyzing a mixture of judicial pronouncements, executive acts, and legislative debates, Fisher pinpoints the critical areas of legislative-executive tension: appointment powers, investigatory powers, legislative and executive vetoes, the budgetary process, and war powers. He then examines these areas of tension within a concrete political and historical context. 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.The new edition covers for the first time: Obama's military decisions in Afghanistan and Iraq Military operations against Libya in 2011 Threatened attacks on Syria in 2013 Efforts to close Guantánamo Obama's recess appointments during a pro forma session “Fast and Furious” scandal: Holder's contempt and Obama's executive privilege The growth of presidential “czars”Executive branch secrecy and lack of accountability State Secrets Privilege after 9/11 Distinguishing between “implied” powers (constitutional) and “inherent” powers (not constitutional) Pocket vetoes and the growth of “hybrid vetoes” New developments in the President's removal power

On the campaign trail, Barack Obama spoke often about his constitutional principles. In particular, he objected to George W. Bush’s claim to certain “inherent” presidential powers that could not be checked by Congress or the judiciary. After his inauguration, how did President Obama’s constitutional principles fare? That is the question Louis Fisher explores in this book, a disturbing and timely study of the tension between constitutional aspirations and executive actions in the American presidency. A constitutional scholar, Fisher views Obama’s two terms within the context of other presidencies, and in light of the principles set forth by the Framers. His work reveals how the basic system of checks and balances has been substantially altered by Supreme Court decisions, military initiatives, and scholarship promoting the power of the president—and by presidents progressively more inclined to wield that power. In this analysis we see the steps by which Obama, himself an expert on the Constitution, came to press his agenda more and more aggressively through executive actions: on climate change, renewable energy, the auto industry bail-out, education initiatives, and financial reform. Rather than focus on policy, Fisher examines the politics and practical concerns that drive executive overreach, as well as the impact of such expanded powers on bipartisan support, public understanding, and finally, the functioning of government.A fair but critical assessment of Obama’s executive performance and legacy, this sobering book documents the erosion of constitutional principles that prepared the way for the presidency of Donald Trump.

Federal judges, legal scholars, pundits, and reporters frequently describe the Supreme Court as the final word on the meaning of the Constitution. The historical record presents an entirely different picture. A close and revealing reading of that record, from 1789 to the present day, Reconsidering Judicial Finality reminds us of the “unalterable fact,” as Chief Justice Rehnquist once remarked, “that our judicial system, like the human beings who administer it, is fallible.” And a Court inevitably prone to miscalculation and error, as this book clearly demonstrates, cannot have the incontrovertible last word on constitutional questions.In this deeply researched, sharply reasoned work of legal myth-busting, constitutional scholar Louis Fisher explains how constitutional disputes are settled by all three branches of government, and by the general public, with the Supreme Court often playing a secondary role. The Court’s decisions have, of course, been challenged and reversed in numerous cases—involving slavery, civil rights, child labor legislation, Japanese internment during World War II, abortion, and religious liberty. What Fisher shows us on a case-by-case basis is how the elected branches, scholars, and American public regularly press policies contrary to Court rulings—and regularly prevail, although the process might sometimes take decades. From the common misreading of Marbury v. Madison, to the mistaken understanding of the Supreme Court as the trusted guardian of individual rights, to the questionable assumptions of the Court’s decision in Citizens United, Fisher’s work charts the distance and the difference between the Court as the ultimate arbiter in constitutional matters and the judgment of history.The verdict of Reconsidering Judicial Finality is clear: to treat the Supreme Court’s nine justices as democracy’s last hope or as dangerous activists undermining democracy is to vest them with undue significance. The Constitution belongs to all three branches of government—and, finally, to the American people.

An insightful exploration of the constantly evolving relationship between the Court and Congress The Supreme Court and Congress explores how the Court operates in relation to legislative action, as well as how it has defined the extent and limits of congressional power. Individual chapters trace conflicts between branches over the power of judicial review and other key separation of powers issues, civil rights for African Americans and women, individual liberties, and regulation of the national economy. Essays and documents also examine the different interpretations of the Constitution by the judicial and legislative branches, and how the resulting dialogue helps reconcile constitutional interpretation with democratic government.

"On the Supreme Court" places the Supreme Court in a rich historical and political context, demonstrating how its interpretations of statutes and the Constitution are necessarily shared with the elected branches, the 50 states, and the general public. It explains why the Court exercises judicial review, not judicial supremacy. It demonstrates that, contrary to popular opinion, the Court does not supply the final or exclusive word on the Constitution. In an era of tectonic changes, "On the Supreme Court" offers a fresh perspective on this mainstay institution from a scholar with unique insights as a Constitutional specialist as well as a Congressional researcher.Key features of the text: "