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

[Free.kAuE] Outside the Law Emergency and Executive Power (The Johns Hopkins Series in Constitutional Thought)

[Free.kAuE] 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. Law Justice and Development Week 2014 - worldbank.org Law Justice and Development Week 2014 is a major knowledge sharing event organized by the Legal Departments of the World Bank Group. The theme of this year is ... Archives - Philly.com Archives and past articles from the Philadelphia Inquirer Philadelphia Daily News and Philly.com. A Brief Overview of the Saudi Arabian Legal System - GlobaLex A Brief Overview of the Saudi Arabian Legal System . By Dr. Abdullah F. Ansary * Dr. Abdullah Ansary received his B.A. in Islamic legal studies in 1990 from King ... Communities Voices and Insights - Washington Times Gingrich writes "A major purpose of writing Duplicity and Treason was to let readers know how deeply different our enemies among the Islamic Supremacists are from ... U.S. News National News - ABC News Sections; Top Stories; Video; Election; U.S. World; Entertainment; Health; Tech; Lifestyle; Money; Investigative; Sports; Good News; Weather; Photos; Shows. Shows ... Foreign policy of the United States - Wikipedia The foreign policy of the United States is the way in which it interacts with foreign nations and sets standards of interaction for its organizations corporations ... 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 ... United States Senate - Wikipedia The United States Senate is the upper chamber of the United States Congress which along with the House of Representatives composes the legislature of the United States. 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 ...
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