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Presidential Defiance of Unconstitutional Laws: Reviving the Royal Prerogative: Contributions in Legal Studies

Autor Christophe May
en Limba Engleză Hardback – 19 aug 1998 – vârsta până la 17 ani
Since the mid-1970s American presidents have, with growing frequency, claimed that they have the power to ignore any law they believe is unconstitutional. Beginning with a review of the English constitutional backdrop against which the U.S. Constitution was framed, this book demonstrates that the Founders did not intend to confer on the president a power equivalent to the royal prerogative of suspending the laws, which was stripped from the English Crown in 1689. The author examines each of the nearly 150 instances in which presidents from George Washington to Jimmy Carter have objected to the validity of a law, in order to determine whether or not the president then ignored the law in question. This examination of the historical record reveals that prior to the mid-1970s the White House only rarely failed to honor a law that it believed to be unconstitutional.
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Specificații

ISBN-13: 9780313300646
ISBN-10: 031330064X
Pagini: 232
Dimensiuni: 156 x 235 x 22 mm
Greutate: 0.47 kg
Editura: Bloomsbury Publishing
Colecția Praeger
Seria Contributions in Legal Studies

Locul publicării:New York, United States

Notă biografică

CHRISTOPHER N. MAY is the James P. Bradley Professor of Constitutional Law at Loyola Law School, Los Angeles. Before entering law teaching he was a Legal Services attorney in San Francisco. He is the author of several books, including In the Name of War: Judicial Review and the War Powers since 1918 (1989), which won the Alpha Sigma Nu National Jesuit Book Award.

Cuprins

IntroductionThe Original UnderstandingThe Royal Suspending and Dispensing PowersThe Founders' UnderstandingPresidential Practice, 1789-1981Presidential Practice: IntroductionLaws Enacted over a Constitutionally Based VetoSigning Statements: IntroductionSigning Statements: Acquiescence, Avoidance, and ComplianceSigning Statements: NoncomplianceLaws Enacted During a Prior AdministrationPresidential Practice: A Summary of the Historical RecordLimiting Presidential DefianceSelected BibliographyIndex