The Chief Executive In Texas

"A Texas governor has only two happy days: the day he is inaugurated and the day he retires." So spoke Joseph D. Sayers at the beginning of the twentieth century. Now, in an analysis of the Texas governorship by Fred Gantt, Jr., the reader learns why Governor Sayers' remark remains true many years after it was uttered: the office has come to be so demanding that the reader may ask why anyone would want it. Price Daniel described a typical day: "The governor's job is a night-and-day job; I usually get up in the morning about seven and start answering the telephone, and then look over the mail that has come in late the day before. I sign mail before going over to the office and then have interviews most of the day. . . . In the evening at the Mansion I take calls and messages until late in the night." The Chief Executive in Texas is much more than a book full of interesting facts: It is a discerning political commentary built on a broad historical foundation that places events and persons in a perspective perhaps not previously considered by the reader. The office of chief executive in other states also is explored, as well as the decline and rise of executive power as it has been limited in various constitutions in Texas and as it has developed through custom. The account of the governor's relationship with the Legislature is historically valuable. Especially interesting to many readers will be the discussions of the political roles of individual Texas governors, whose ranks include "Ma" and "Pa" Ferguson and "Pappy" O'Daniel. These studies are personally revealing, and they attest that polities in Texas apparently can never be dull.

Legal scholar Peter M. Shane confronts U.S. presidential entitlement and offers a more reasonable way of conceptualizing our constitutional presidency in the twenty-first century. In the eyes of modern-day presidentialists, the United States Constitution’s vesting of “executive power” means today what it meant in 1787. For them, what it meant in 1787 was the creation of a largely unilateral presidency, and in their view, a unilateral presidency still best serves our national interest. Democracy’s Chief Executive challenges each of these premises, while showing how their influence on constitutional interpretation for more than forty years has set the stage for a presidency ripe for authoritarianism. Democracy’s Chief Executive explains how dogmatic ideas about expansive executive authority can create within the government a psychology of presidential entitlement that threatens American democracy and the rule of law. Tracing today’s aggressive presidentialism to a steady consolidation of White House power aided primarily by right-wing lawyers and judges since 1981, Peter M. Shane argues that this is a dangerously authoritarian form of constitutional interpretation that is not even well supported by an originalist perspective. Offering instead a fresh approach to balancing presidential powers, Shane develops an interpretative model of adaptive constitutionalism, rooted in the values of deliberative democracy. Democracy’s Chief Executive demonstrates that justifying outcomes explicitly based on core democratic values is more, not less, constraining for judicial decision making—and presents a model that Americans across the political spectrum should embrace.

"Containing the public messages, speeches, and statements of the President", 1956-1992.

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