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  • © 2005

The Presidency and the Constitution

Cases and Controversies

Palgrave Macmillan

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Table of contents (12 chapters)

  1. Front Matter

    Pages i-xi
  2. Introduction

    • Michael A. Genovese, Robert J. Spitzer
    Pages 1-13
  3. Separation of Powers

    • Michael A. Genovese, Robert J. Spitzer
    Pages 23-57
  4. Selection/Election

    • Michael A. Genovese, Robert J. Spitzer
    Pages 59-69
  5. Administrative Powers

    • Michael A. Genovese, Robert J. Spitzer
    Pages 71-98
  6. Executive Privilege

    • Michael A. Genovese, Robert J. Spitzer
    Pages 99-113
  7. Congress

    • Michael A. Genovese, Robert J. Spitzer
    Pages 115-132
  8. Domestic Policy

    • Michael A. Genovese, Robert J. Spitzer
    Pages 133-155
  9. Budgeting/Economy

    • Michael A. Genovese, Robert J. Spitzer
    Pages 157-162
  10. Foreign Policy

    • Michael A. Genovese, Robert J. Spitzer
    Pages 163-189
  11. The War Power and the Commander in Chief

    • Michael A. Genovese, Robert J. Spitzer
    Pages 191-225
  12. Conclusion

    • Michael A. Genovese, Robert J. Spitzer
    Pages 227-230
  13. Back Matter

    Pages 233-244

About this book

This comprehensive case law book examines the evolution of judicial interpretation of the scope and limitations of presidential power. From interbranch struggles for power, to presidential selection, to campaign financing, to war powers, hardly an issue arises for the modern presidency that does not eventually find itself framed as a legal problem to be addressed by the courts. Each section provides an introduction providing background and framework for students. Throughout, the analysis is informed by the view that court decisions are framed by legal arguments and constitute legal issuances and are also framed by politics, and have profound political consequences. Coinciding with a broader intellectual and disciplinary return to institutions and law as key to understanding the presidency and modern politics, this book will find special favour among scholars who teach courses on the presidency and related areas.

Reviews

"The Presidency and the Constitution fills a real need. It should be welcomed into many political science courses on the presidency, constitutional law, and the separation of powers. The constitutional dimension of the modern presidency is too important to ignore, and this volume provides essential materials for understanding it."

- Keith E. Whittington, Princeton Univesity

"Genovese and Spitzer do a fine job of placing key judicial rulings in a rich political setting, emphasizing throughout that the courts share with other branches (and the public) the complex task of shaping constitutional values and boundaries."

- Louis Fisher, author of American Constitutional Law

"The Presidency and the Constitution explores presidential power and leadership from an underutilized platform: Supreme Court Cases. From Marbury v. Madison through Hamdi v. Rumsfeld, the expansive appeal of this book results from Genovese and Spitzer's discussions of separation of powers, checks and balances and the intersection of politics and the courts. This book will be a wonderful supplement to presidency courses, politics and law courses as well as constitutional law classes as the authors effectively demonstrate how the Court is "aiding and abetting an expansive view of presidential power."

- Diane J. Heith, Department of Government and Politics, St. John's University

"The Presidency and the Constitution: Cases and Controversies makes a unique and important contribution to presidency studies. Its extensive excerpts from court cases about the American presidency permit readers to draw their own conclusions about judicial limitations on presidential power. Students and faculty alike will find this text richly informative."

- Meena Bose, Associate Professor of Political Science, United States Military Academy

"Genovese and Spitzer, two eminent scholars of public law and the presidency, have judiciously selected, carefully edited, and insightfully illuminated the crucial constitutional cases concerning the presidency. Their book is a guide to both expansive and constraining interpretations of the essential Supreme Court cases. If you want the most important cases on the presidency, carefully organized and clearly presented in one place, this book is for you." - - James P. Pfiffner, George Mason University

"Michael Genovese and Bob Spitzer's Presidency and the Constitution is a brilliant reminder of the indispensable role of checks, balances and political accountability in a constitutional democracy. Theirs is a splendid, accessible, readable volume of landmark U.S. Supreme Court rulings and keen interpretation - all focused on the increasingly presidency-centered American political system."

- Thomas E. Cronin, McHugh Professor of American Institutions, Colorado College

Authors and Affiliations

  • Loyola Marymount University, USA

    Michael A. Genovese

  • SUNY Cortland, USA

    Robert J. Spitzer

About the authors

MICHAEL A. GENOVESE holds the Loyola Chair of Leadership and is Professor of Political Science at Loyola Marymount University, USA.

ROBERT J. SPITZER is Distinguished Service Professor of Political Science at the State University of New York, USA.

Bibliographic Information

Buy it now

Buying options

eBook USD 39.99
Price excludes VAT (USA)
  • Available as PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book USD 54.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book USD 54.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access