Ebook BookOutside the Law Emergency and Executive Power (The Johns Hopkins Series in Constitutional Thought)

Free Ebook Outside the Law Emergency and Executive Power (The Johns Hopkins Series in Constitutional Thought)

Free Ebook Outside the Law Emergency and Executive Power (The Johns Hopkins Series in Constitutional Thought)

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Book Details :
Published on: 2009-10-16
Released on: 2009-10-16
Original language:

The origins of presidential claims to extraconstitutional powers during national crises are contentious points of debate among constitutional and legal scholars. The Constitution is silent on the matter, yet from Abraham Lincoln's suspension of habeas corpus during the Civil War to George W. Bush's creation of the "enemy combatants" label, a number of presidents have invoked emergency executive power in defense of actions not specifically endorsed in the Constitution or granted by Congress.Taking up the debate, Clement Fatovic digs into the intellectual history of the nation's founding to argue that the originators of liberal constitutional theory explicitly endorsed the use of extraordinary, extralegal measures to deal with genuine national emergencies. He traces the evolution of thought on the matter through the writings of John Locke, David Hume, William Blackstone, and the founding fathers, finding in them stated support for what Locke termed "prerogative," tempered by a carefully construed concept of public-oriented virtues. Fatovic maintains that the founders believed that moral character and republican decency would restrain the president from abusing this grant of enhanced authority and ensure that it remained temporary.This engaging, carefully considered survey of the conceptions of executive power in constitutional thought explains how liberalism's founders attempted to reconcile the principles of constitutional government with the fact that some circumstances would demand that an executive take normally proscribed actions. Scholars of liberalism, the American founding, and the American presidency will find Fatovic's reasoned arguments against the conventional wisdom enlightening. Briefing Room The White House Briefing Room. The White House provides timely and accurate information about the President's latest events and public statements. Here you'll find photos video and ... U.S. News Latest National News Videos & Photos - ABC ... Get the latest breaking news across the U.S. on ABCNews.com Archives - Philly.com Archives and past articles from the Philadelphia Inquirer Philadelphia Daily News and Philly.com. Seminars and Events - Centres & Institutes - The ... Please note: Individual online registrations MUST be paid by Mastercard or VISA. To pay by cheque or arrange a group registration please email law.events ... Homeland Security Advisory Council Members William Webster (Chair)- Retired Partner Milbank Tweed Hadley & McCloy LLP; William Bratton (Vice Chairman) - Executive Chairman Teneo Risk Entertainment News Celebrity and Pop Culture - ABC News Get the latest entertainment news celebrity interviews and pop culture pulse on movies TV and music and more at ABCNews.com. Abraham Lincoln and Power - Abraham Lincoln's Classroom Abraham Lincoln and Power. Featured Book. Michael Burlingame Abraham Lincoln: A Life (Johns Hopkins Press 2008) Abraham Lincoln was a pragmatist in the use of power. Who Rules America: The Rise and Fall of Labor Unions in ... It was at this point that the Knights seemed to be on the verge of major success due to highly publicized strikes by railroad shop men in 1883 and 1884 against one of ... Sarah Winter On the Morant Bay Rebellion in Jamaica and ... In the aftermath of the Morant Bay rebellion that broke out on 11 October 1865 the Governor of Jamaica Edward John Eyre ordered extensive and harsh reprisals ... First Amendment to the United States Constitution - Wikipedia The First Amendment (Amendment I) to the United States Constitution prohibits the making of any law respecting an establishment of religion ensuring that there is no ...
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