The quote introducing this chapter is from Benjamin Franklin, offered in response to a question from the crowd outside the Philadelphia Constitutional Convention in September of 1787 where the framers were about to unveil their handiwork: the newly minted Constitution of the United States of America. Convention delegate Franklin was asked, “What is it Mr. Franklin, a monarchy or a republic?” “A republic,” Franklin replied, “if you can keep it.”
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- 3.Arthur Schlesinger, Jr., The Imperial Presidency (Boston: Houghton Mifflin, 1973), ix.Google Scholar
- 4.Glendon Schubert, The Presidency in the Courts (Minneapolis: University of Minnesota Press, 1957), 4, 354.Google Scholar
- 5.See, for example, David G. Adler, “Foreign Policy and the Separation of Powers under the Constitution: The Influence of the Judiciary,” paper delivered at the 1987 Annual Meeting of the Western Political Science Association, Anaheim, California, March 26–28, 1987; and his more specialized book The Constitution and the Termination of Treaties (New York: Garland Publishing, 1986). See also Francis D. Wormuth and Edwin B. Firmage, To Chain the Dog of War (Dallas: Southern Methodist University Press, 1986). For a more modified verdict, see Louis Fisher, The Politics of Shared Power, 4th ed. (College Station, TX: Texas A&M University Press, 1998). For a much more modified view, see Robert Scigliano, “The Presidency and the Judiciary,” in Michael Nelson, ed., The Presidency and the Political System (Washington, DC: Congressional Quarterly Press, 1984), 414. See also a helpful quantitative study by Craig R. Ducat and Robert L. Dudley, “Presidential Power in the Federal Courts during the Post War Era,” paper delivered at the 1985 Annual Meeting of the American Political Science Association, New Orleans, August 1985.Google Scholar
- 6.Learned Hand, The Spirit of Liberty (New York: Knopf, 1944), 190.Google Scholar