Outside the Law

Outside the Law
Author :
Publisher : JHU Press
Total Pages : 363
Release :
ISBN-10 : 9780801893629
ISBN-13 : 0801893623
Rating : 4/5 (623 Downloads)

Book Synopsis Outside the Law by : Clement Fatovic

Download or read book Outside the Law written by Clement Fatovic and published by JHU Press. This book was released on 2009-09-30 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. -- Ernest B. Abbott


Outside the Law Related Books

Outside the Law
Language: en
Pages: 363
Authors: Clement Fatovic
Categories: Law
Type: BOOK - Published: 2009-09-30 - Publisher: JHU Press

GET EBOOK

The origins of presidential claims to extraconstitutional powers during national crises are contentious points of debate among constitutional and legal scholars
Immigration Outside the Law
Language: en
Pages: 361
Authors: Hiroshi Motomura
Categories: History
Type: BOOK - Published: 2014-05 - Publisher: Oxford University Press, USA

GET EBOOK

"A 1975 state-wide law in Texas made it legal for school districts to bar students from public schools if they were in the country illegally, thus making it ext
A Place Outside the Law
Language: en
Pages: 306
Authors: Peter Jan Honigsberg
Categories: Political Science
Type: BOOK - Published: 2019-11-12 - Publisher: Beacon Press

GET EBOOK

Firsthand testimonies from Guantánamo Bay, inspiring future generations to never repeat the human rights violations of the detention center. Law scholar and Wi
Inside and Outside the Law
Language: en
Pages: 192
Authors: Olivia Harris
Categories: Law
Type: BOOK - Published: 2003-12-16 - Publisher: Routledge

GET EBOOK

Inside and Outside the Law analyses the relationship between the law, the state and its citizens. Drawing on general theories and specific case-studies, it exam
Refugees and the Myth of Human Rights
Language: en
Pages: 209
Authors: Dr Emma Larking
Categories: Political Science
Type: BOOK - Published: 2014-12-28 - Publisher: Ashgate Publishing, Ltd.

GET EBOOK

Most Western liberal democracies are parties to the United Nations Refugees Convention and all are committed to the recognition of basic human rights, but they