The Living Presidency: An Originalist Argument against Its Ever-Expanding Powers

ISBN-13: 9780674987982
ISBN-10: 0674987985
Author: Prakash, Saikrishna Bangalore
Publication date: 2020
Publisher: Belknap Press: An Imprint of Harvard University Press
Format: Hardcover 352 pages
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Book details

ISBN-13: 9780674987982
ISBN-10: 0674987985
Author: Prakash, Saikrishna Bangalore
Publication date: 2020
Publisher: Belknap Press: An Imprint of Harvard University Press
Format: Hardcover 352 pages

Summary

Acknowledged authors Prakash, Saikrishna Bangalore wrote The Living Presidency: An Originalist Argument against Its Ever-Expanding Powers comprising 352 pages back in 2020. Textbook and eTextbook are published under ISBN 0674987985 and 9780674987982. Since then The Living Presidency: An Originalist Argument against Its Ever-Expanding Powers textbook was available to sell back to BooksRun online for the top buyback price of $ 4.27 or rent at the marketplace.

Description

A constitutional originalist sounds the alarm over the presidency’s ever-expanding powers, ascribing them unexpectedly to the liberal embrace of a living Constitution.

Liberal scholars and politicians routinely denounce the imperial presidency―a self-aggrandizing executive that has progressively sidelined Congress. Yet the same people invariably extol the virtues of a living Constitution, whose meaning adapts with the times. Saikrishna Bangalore Prakash argues that these stances are fundamentally incompatible. A constitution prone to informal amendment systematically favors the executive and ensures that there are no enduring constraints on executive power. In this careful study, Prakash contends that an originalist interpretation of the Constitution can rein in the “living presidency” legitimated by the living Constitution.

No one who reads the Constitution would conclude that presidents may declare war, legislate by fiat, and make treaties without the Senate. Yet presidents do all these things. They get away with it, Prakash argues, because Congress, the courts, and the public routinely excuse these violations. With the passage of time, these transgressions are treated as informal constitutional amendments. The result is an executive increasingly liberated from the Constitution. The solution is originalism. Though often associated with conservative goals, originalism in Prakash’s argument should appeal to Republicans and Democrats alike, as almost all Americans decry the presidency’s stunning expansion. The Living Presidency proposes a baker’s dozen of reforms, all of which could be enacted if only Congress asserted its lawful authority.

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