Constitutionalism Executive Power And The Spirit Of Moderation

Leading scholars and legal practitioners explore constitutional, legal, and philosophical topics. In Constitutionalism, Executive Power, and the Spirit of Moderation, contributors ranging from scholars to practitioners in the federal executive and judicial branches blend philosophical and political modes of analysis to examine a variety of constitutional, legal, and philosophical topics. Part 1, “The Role of Courts in Constitutional Democracy,” analyzes the proper functions and limits of the judiciary and judicial decision making in constitutional government. Part 2, “Law and Executive Authority,” reflects on the tensions between constitutionalism and presidential leadership in both domestic and international arenas. Part 3, “Liberal Education, Constitutionalism, and Philosophic Moderation,” shifts the focus to the relationship between constitutionalism and political philosophy, and especially to the modern modes of philosophy that most directly influenced the American Founders. A valuable resource for specialists, the book also will be of use in political science and law school classes.

Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, M. J. C. Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century - when it was indispensable to the founders of the American republic - through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers - and with "A Model of a Theory of Constitutionalism."

“American republicans,” notes Forrest McDonald, “regarded selected doctrines of Montesquieu’s as being virtually on par with Holy Writ.” But exactly how the French jurist’s labyrinthian work, The Spirit of the Laws, with was published in 1748, influenced the eighteenth-century conception of the republic is not well understood by historians or theorists. Anne M. Cohler undertakes to show the importance of Montequieu’s teaching for modern legislation and for modern political prudence generally, with specific reference to his impact on the Federalist and Tocqueville. In so doing, she delineates Montequieu’s contribution to political philosophy and suggests new ways to think about the formation of the American Constitution. To analyze the comparative politics found in the Spirit of the Laws, Cohler focuses on four fundamental principles underlying Montesquieu’s view of government: spirit, moderation, liberty, and legislation. In this endeavor she is guided by the conviction that the philosopher hews to the spirit of the laws rather than to the laws themselves—that is, to internal rather than external principles. Montesquieu, in Cohler’s argument, addresses the problem posed by the tendency to see human beings in light o universal abstractions at the expense of particular relationships, distinctions, and forms. To counter this tendency, which can be fostered by religion, Montesquieu develops a theory of prudence designed to support the world of politics an dpolitical life, necessarily an intermediate world occupying a space between universal abstractions and individual particularities. Cohler suggest that the Federalists and Tocqueville were most influenced by this preoccupation with spirit and moderation. James Madison and other Federalists, for example, were not drawn to limited government as a principled notion but rather as a consequence of understanding the context within which a moderate government must act not to become despotic. Similarly, Tocqueville extols democracy as self-government as an antidote to the dangers of democracy as a rule; the character of the governed shapes the nature of the governors. These and other conclusions will prove valuable to intellectual historians, political theorists, and students of religion.

Presidential Power, Rhetoric, and the Terror Wars: The Sovereign Presidency argues that the War on Terror provided an opportunity to fundamentally change the presidency. Alexander Hiland analyzes the documents used to exercise presidential powers, including executive orders, signing statements, and presidential policy directives. Treating these documents as genres of speech-act that are ideologically motivated, Hiland provides a rhetorical criticism that illuminates the values and political convictions at play in these documents. This book reveals how both President George W. Bush and President Barack Obama wielded the personal power of the office to dramatically expand the power of the executive branch. During the War on Terror, the presidency shifted from an imperial form that avoided checks and balances, to a sovereign presidency where the executive branch had the ability to decide whether those checks and balances existed. As a result, Hiland argues that this shift to the sovereign presidency enabled the violation of human rights, myriad policy mistakes, and the degradation of democracy within the United States.

Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.

Revised and updated, this long-awaited second edition provides a comprehensive introduction to what the most thoughtful Americans have said about the American experience from the colonial period to the present. The book examines the political thought of the most important American statesmen, activists, and writers across era and ideologies, helping another generation of students, scholars, and citizens to understand more fully the meaning of America. This new second edition of the book includes chapters on several additional historical figures, including Walt Whitman, Lyndon Baines Johnson, and Ronald Reagan, as well as a new chapter on Barack Obama, who was not prominent in public life when the first edition was published. Significant revisions and additions have also been made to many of the original chapters, most notably on Antonin Scalia, which now updates his full legacy, increasing the breadth and depth of the collection.

Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.

Connecting theory and practice, Agendas and Decisions explores how state-level public executives and managers decide and implement policy. The authors focus on Tennessee Governor Lamar Alexander's (1979–1987) management system, which believed in and practiced the principles espoused by leadership theorists: focus on one or two important substantive problems or initiatives, work with stakeholders to protect the organization and to obtain necessary resources, hire good people, and authorize them to act. In addition to sending his cabinet members to the Kennedy School of Government to learn leadership principles, he also established the Tennessee Government Executive Institute (TGEI) to provide a similar program for mid-level executives. Authors Dorothy F. Olshfski and Robert B. Cunningham managed the TGEI during its first five years and had unprecedented access to state-level public executives and managers. Here, they explain the everyday workings of state-level bureaucracy within the context of a simple decision model and share managers' and executives' own stories. Their research questions several aspects of the current orthodoxy on decision-making processes, offers new thinking about executive leadership in implementation and evaluation, and compares executive and middle-manager thinking and behavior.