Highlights the interchange between courts and elected branches on constitutional law not covered in casebooks or constitutional theory supplements. Consists of 33 case studies, each with a detailed introductory essay followed by edited selections of primary source materials, including legislative debates and hearings, presidential signing statements and executive orders, correspondence between justices, Supreme Court briefs, and oral arguments. Case studies average 10 pages in length. Includes Federalism in the 1990s; Boerne v. Flores; impeachment; the item veto; and Romer v. Evans. Cases on abortion, affirmative action, War Powers, and independent counsels, moreover, have been significantly rewritten to take political and doctrinal developments into account. Current through August 2000.

Political Dynamics of Constitutional Law (American Casebook Series)

Louis Fisher

Neal Devins

Constitutional Law

Thomson/West

SunStop8

Dell SF

In the fourth of the Federalist Papers, published in 1787, John Jay warned of absolute monarchs who “will often make war when their nations are to get nothing by it.” More than two centuries later, are single executives making unilateral decisions any more trustworthy? And have the checks on executive power, so critical in the Founders’ drafting of the Constitution, held? These are the questions Louis Fisher pursues in this book. By examining the executive actions of American presidents, particularly after World War II, Fisher reveals how the Supreme Court, through errors and abdications, has expanded presidential power in external affairs beyond constitutional boundaries—and damaged the nation’s system of checks and balances. Supreme Court Expansion of Presidential Power reviews the judicial record from 1789 to the present day to show how the balance of power has shifted over time. For nearly a century and a half, the Supreme Court did not indicate a preference for which of the two elected branches should dominate in the field of external affairs. But from the mid-thirties a pattern clearly emerges, with the Court regularly supporting independent presidential power in times of “emergency,” or issues linked to national security. The damage this has done to democracy and constitutional government is profound, Fisher argues. His evidence extends beyond external affairs to issues of domestic policy, such as impoundment of funds, legislative vetoes, item-veto authority, presidential immunity in the Paula Jones case, recess appointments, and the Obama administration's immigration initiatives. Fisher identifies contemporary biases that have led to an increase in presidential power—including Supreme Court misconceptions and errors, academic failings, and mistaken beliefs about “inherent powers” and “unity of office.” Calling to account the forces tasked with protecting our democracy from the undue exercise of power by any single executive, his deeply informed book sounds a compelling alarm.

Supreme Court Expansion of Presidential Power: Unconstitutional Leanings

Legal History

University Press of Kansas

An insightful exploration of the constantly evolving relationship between the Court and Congress  The Supreme Court and Congress explores how the Court operates in relation to legislative action, as well as how it has defined the extent and limits of congressional power. Individual chapters trace conflicts between branches over the power of judicial review and other key separation of powers issues, civil rights for African Americans and women, individual liberties, and regulation of the national economy. Essays and documents also examine the different interpretations of the Constitution by the judicial and legislative branches, and how the resulting dialogue helps reconcile constitutional interpretation with democratic government.

The Supreme Court and Congress (Supreme Court's Power in American Government)

History

Americas

CQ Press

One of the most widely used constitutional law textbooks is back in a new edition. The only book that develops constitutional law in the comprehensive sense, American Constitutional Law, 5th ed. not only contains the results of court decisions, but also highlights the efforts of legislatures, executives, the states, and the general public. The new edition also covers all new developments in case law, congressional statutes, presidential policies, and initiatives undertaken by states under their own constitutions. 
Most constitutional law books focus only on case law and judicial pronouncements, but American Constituional Law illustrates how both judicial and non-judicial forces shape constitutional law. Compared to other texts written by political scientists, this book offers much more in the way of citations to earlier decisions. These citations allow the reader to research areas in greater depth and also highlight the process of trial and error used by the Supreme Court to clarify constitutional principles. Presenting a broad range of cases, rather than merely focusing on landmark cases, allows the reader to understand the development of constitutional law. 
Fisher also covers state involvement in constitutional law through examples of how states, by interpreting their own constitutions, may depart from Supreme Court doctrines. Readings include not only court cases, but presidential statements and congressional debates. This is the perfect book for undergraduate political science courses as well as an invaluable resource for anyone interested in the development of constitutional law in the United States. 
This book is available in both cloth and paperback.

American Constitutional Law

Carolina Academic Press

Carolina Academic Pr

American Constitutional Law, Twelfth Edition

Katy J. Harriger

On Appreciating Congress: The People's Branch (On Politics)

This book explains why Congress is the indispensable institution for safeguarding popular, democratic, and constitutional government. Even though its record over the past two centuries presents a mixed picture, the record of the other two branches is also decidedly mixed. The author has worked for Congress for the past four decades and writes from a perspective that intimately understands its shortcomings while appreciating its strengths. He contends that portraying Congress as so inherently inept that it must be kept subordinate to presidential or judicial power is misguided and uninformed. The Constitution looks to Congress as the first branch because it is the institution through which citizens at the local and state level engage in self-government. Although Presidents claim to be the “national representative,” they cannot substitute for the knowledge and legitimacy brought by members of Congress. Congress, after all, is “the people’s branch” and this book restores it to its rightful claim.

On Appreciating Congress: The People's Branch (On Politics) (On Politics Series)

Politics & Social Sciences

Politics & Government

Paradigm Publishers

This book explains why Congress is the indispensable institution for safeguarding popular, democratic, and constitutional government. Even though its record over the past two centuries presents a mixed picture, the record of the other two branches is also decidedly mixed. The author has worked for Congress for the past four decades and writes from a perspective that intimately understands its shortcomings while appreciating its strengths. He contends that portraying Congress as so inherently inept that it must be kept subordinate to presidential or judicial power is misguided and uninformed. The Constitution looks to Congress as the first branch because it is the institution through which citizens at the local and state level engage in self-government. Although Presidents claim to be the “national representative,” they cannot substitute for the knowledge and legitimacy brought by members of Congress. Congress, after all, is “the people’s branch” and this book restores it to its rightful claim.

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Books by Louis Fisher