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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.
List of contents
- Preface to the Paperback Edition
- Preface to the Hardcover Edition
- Acknowledgments
- Note on Citations
- Chapter 1
- Fundamental Concepts
- Chapter 2
- Election and Removal of the President
- Chapter 3
- The Powers of the President
- Chapter 4
- The President and Congress
- Chapter 5
- Vetoes and Access to Information
- Chapter 6
- Budgetary Duties
- Chapter 7
- Foreign Affairs
- Chapter 8
- War Powers
- Chapter 9
- The President and the Judiciary
- Conclusions
- About the Author
- Index of Cases
- Index of Subjects
About the author
Louis Fisher is Scholar in Residence at the Constitution Project. Previously he worked for four decades at the Library of Congress as Senior Specialist in Separation of Powers (Congressional Research Service, from 1970 to 2006); and Specialist in Constitutional Law (Law Library, from 2006 to 2010). During his service with CRS he was research director of the House Iran-Contra Committee in 1987, writing major sections of the final report. Dr. Fisher has authored more than 20 books, almost 500 articles, and hundreds of reports.
Dr. Fisher has been invited to testify before Congress nearly 50 times on such issues as war powers, state secrets privilege, NSA surveillance, executive spending discretion, presidential reorganization authority, Congress and the Constitution, the legislative veto, the item veto, the Gramm-Rudman deficit control act, executive privilege, executive lobbying, CIA whistleblowing, covert spending, the pocket veto, recess appointments, the budget process, the balanced budget amendment, biennial budgeting, and presidential impoundment powers.
Summary
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.
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They could not have picked a more ideal subject-author combination to launch such a project. Professor Fisher enjoys unparalleled status as an acclaimed national expert on questions of separation of powers, in general, and on presidential authority, in particular. Given the author's background, this particular offering in the Oxford Commentaries on American Law series fulfills an important and pressing need. No significant topic in the law of the executive branch goes uncommented on in this volume's 400-plus pages of case analysis and commentaries." -David Yalof, University of Connecticut, Congress & the Presidency
