The Politics of Shared Power

Joseph V. Hughes, Jr., and Holly O. Hughes series in the presidency and leadership studies

Book 1
Texas A&M University Press
Free sample

As Congress and the president battle out the federal deficit, foreign involvements, health care, and other policies of grave national import, the underlying constitutional issue is always the separation of powers doctrine. In The Politics of Shared Power, a classic text in the field of executive-legislative relations, Louis Fisher explains clearly and perceptively the points at which congressional and presidential interests converge and diverge, the institutional patterns that persist from one administration and one Congress to another, and the partisan dimensions resulting from the two-party system.

Fisher also discusses the role of the courts in reviewing cases brought to them by members of Congress, the president, agency heads, and political activists, illustrating how court decisions affect the allocation of federal funds and the development and implementation of public policy.

He examines how the president participates as legislator and how Congress intervenes in administrative matters. Separate chapters on the bureaucracy, the independent regulatory commissions, and the budgetary process probe these questions from different angles. The new fourth edition addresses the line item veto and its tortuous history and prospects.

A chapter on war powers and foreign affairs studies executive-legislative disputes that affect global relations, including the Iran-Contra affair, the Persian Gulf War in 1991, and American presence in conflicts such as Haiti and Bosnia. An important new discussion focuses on interbranch collisions and gridlock as they have developed since 1992.
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About the author

LOUIS FISHER, a senior specialist in separation of powers with the Congressional Research Service of the Library of Congress, is an acknowledged leader in the field of executive-legislative relations. In addition to his duties at the Library of Congress, he has served as an expert witness before Congress on such constitutional issues as the legislative veto and executive privilege. His numerous books include Constitutional Conflicts between Congress and the President and Presidential War Power.
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Additional Information

Publisher
Texas A&M University Press
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Published on
Dec 31, 1998
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Pages
309
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ISBN
9780890968215
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Language
English
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Genres
Political Science / Civics & Citizenship
Political Science / Political Process / Leadership
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Content Protection
This content is DRM protected.
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“An engaging, beautifully synthesized page-turner” (Slate). The #1 New York Times bestseller and Time Magazine #1 Nonfiction Book of the Year: Hillary Rodham Clinton’s most personal memoir yet, about the 2016 presidential election.

In this “candid and blackly funny” (The New York Times) memoir, Hillary Rodham Clinton reveals what she was thinking and feeling during one of the most controversial and unpredictable presidential elections in history. She takes us inside the intense personal experience of becoming the first woman nominated for president by a major party in an election marked by rage, sexism, exhilarating highs and infuriating lows, stranger-than-fiction twists, Russian interference, and an opponent who broke all the rules.

“At her most emotionally raw” (People), Hillary describes what it was like to run against Donald Trump, the mistakes she made, how she has coped with a shocking and devastating loss, and how she found the strength to pick herself back up afterward. She tells readers what it took to get back on her feet—the rituals, relationships, and reading that got her through, and what the experience has taught her about life. In this “feminist manifesto” (The New York Times), she speaks to the challenges of being a strong woman in the public eye, the criticism over her voice, age, and appearance, and the double standard confronting women in politics.

Offering a “bracing... guide to our political arena” (The Washington Post), What Happened lays out how the 2016 election was marked by an unprecedented assault on our democracy by a foreign adversary. By analyzing the evidence and connecting the dots, Hillary shows just how dangerous the forces are that shaped the outcome, and why Americans need to understand them to protect our values and our democracy in the future.

The election of 2016 was unprecedented and historic. What Happened is the story of that campaign, now with a new epilogue showing how Hillary grappled with many of her worst fears coming true in the Trump Era, while finding new hope in a surge of civic activism, women running for office, and young people marching in the streets.
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.
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.

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