Time and again, in recent years, the charge has been made that sitting presidents have behaved “imperially,” employing authorities that break the bounds of law and the Constitution. It is now an epithet used to describe presidencies of both parties. “The Imperial Presidency and the Constitution” examines this critical issue from a variety of perspectives: analyzing the president’s role in the administrative state, as commander in chief, as occupant of the modern “Bully Pulpit,” and, in separate essays, addressing recent presidents’ relationship with Congress and the Supreme Court. The volume also deepens the discussion by taking a look back at Abraham Lincoln’s expansive use of executive power during the Civil War where the tension between law and necessity were at their most extreme, calling into question the “rule of law” itself. The volume concludes with an examination of how the Constitution’s provision of both “powers and duties” for the president can provide a road map for assessing the propriety of executive behavior.
Book Content:
“Lincoln: An Imperial President?” by David K. Nichols (Baylor University): The author looks at Lincoln’s presidency and answers the question: Was the Great Emancipator also guilty of executive abuse in meeting the challenge of secession?
“The Administrative State and the Imperial Presidency: Then and Now” by Adam J. White (Hoover Institution): White explores how the imperial presidency and the administrative state, while closely aligned in popular thought, are in reality potential adversaries.
“Constitutional Structure, Political History, and the Invisible Congress” by Andrew Rudalevige (Bowdoin College): The author examines how congressional trends in recent years have resulted in congressmen who are less and less willing to confront the president if they belong to the same party, even though the relationship between the president and Congress was not built to be cooperative but instead contentious.
“Can the Supreme Court Check Abuses of Executive Power?” by Ralph A. Rossum (Claremont McKenna College): A survey of the record of the Obama administration before the Supreme Court focuses on the Court’s success in checking administrative overreach. It also notes the Court’s unwillingness to challenge a president when he decides not to carry out the Court’s ruling.
“Going to War: The Constitutional and Strategic Roots of the Imperial Presidency” by Gary J. Schmitt (AEI): The author looks at the historical and constitutional base of the commander in chief’s power and its evolution and expansion as the country’s global role has increased.
“The Presidency and the New ‘Bully Pulpit’” by James W. Ceaser (University of Virginia): Ceaser explores the question of whether, and how, the “rhetorical presidency” and the “imperial presidency” are connected and considers whether the “rhetorical presidency” has created a constitutional imbalance among the branches of government.
“The Imperial Executive in Constitutional Democracy: Exploring the Powers-Duties Distinction” by Joseph M. Bessette (Claremont McKenna College): Bessette delves into the important distinction between presidential powers and presidential duties, explaining that powers are the instruments presidents are given to carry out their duties.
