Martin S. Sheffer – författare

Sheffer deals with some of the oldest continuing constitutional problems confronting the American government: the judicial development of presidential war powers, potential constitutional dictatorship, and a wartime constitution. What enhances these problems is the very cryptic language presented by Article II itself. First, the generalities of Article II are read expansively enough to cover specific presidential actions, while a theory of inherent powers tends to justify the means. This combination of action and theory, Sheffer asserts, presumes that ends and means are determined only by the president. The end result is that presidential action takes on the characteristics of constitutional power.As this casebook demonstrates, in times of grave national emergency—especially war—the president acts as a constitutional dictator. There is a tacit understanding that nothing will be permitted to block the winning of the war. What is necessary, as determined by the chief executive, is done. The president must insure the national survival. Legal niceties are given little attention. Congress does not interfere with the manner in which the president conducts a war; it is a ready ally in almost everything he does, so long as he continues to be successful. As the cases demonstrate, the courts seek to avoid having to rule on the president's conduct, but, when they do rule, they usually uphold the president.

The America Randolph Silliman Bourne searched for his entire life—but never found—was an America in which the institutions of democratic government remained responsive to the needs of all. A progressive in the age of progressivism, Bourne fully understood John Jay's dictum that the United States "should be governed by the people who own it." The Atlantic Monthly, the New Republic, and the Dial were the forum for Bourne's social commentary during a brief career that lasted from 1912 to 1918. In Search of a Democratic America offers the best of Bourne's writings on politics, religion, education, philosophy, society, and youth. The readings, and commentary, reveal the literary radical and social critic in his true guise as a spokesman for liberal democracy, a democratic theorist who strove for a modern, industrial, multi-ethnic nation peopled by the intelligent, the caring, and the concerned.

Reviews the judicial development of the free exercise of religion clause.God Versus Caesar reviews and analyses the judicial development of the free exercise of religion clause, from its protection for belief and certain forms of worship to its guarantee of religiously motivated behavior. This book also provides guidelines for the future direction of judicial review in free exercise cases and examines law as it develops in response to changing social values and policy. Sheffer answers how, where, and why lines are drawn between the guarantee of free exercise of religion and the right of society to protect its citizens from activity injurious to their health, welfare, safety, and morals.

This volume is composed of three specific case studies which deal with the development and expansion of presidential power through the opinions of the Attorney General, an area of research often overlooked by presidential scholars. The case studies isolate three of the Republic's most "prerogative" presidents: Abraham Lincoln, who exercised dictatorial power out of necessity; Franklin Roosevelt, who exercised even greater power out of necessity and as an extension of his personality; and Richard Nixon, who coveted power simply for the sake of power and who abused much of his exercised power out of malevolence. Contents: Introduction; Lincoln and Habeas Corpus; Roosevelt and the Prerogative Presidency; Nixon and the Fourth Amendment; Conclusion.