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The Resource The contested removal power, 1789-2010, J. David Alvis, Jeremy D. Bailey, and F. Flagg Taylor IV

The contested removal power, 1789-2010, J. David Alvis, Jeremy D. Bailey, and F. Flagg Taylor IV

Label
The contested removal power, 1789-2010
Title
The contested removal power, 1789-2010
Statement of responsibility
J. David Alvis, Jeremy D. Bailey, and F. Flagg Taylor IV
Creator
Contributor
Author
Subject
Language
eng
Summary
  • "The U.S. Constitution is clear on the appointment of executive officials: the president nominates, the Senate approves. But on the question of removing those officials, the Constitution is silent--although that silence has not discouraged strenuous efforts to challenge, censure, and even impeach presidents from Andrew Jackson to Bill Clinton. As J. David Alvis, Jeremy D. Bailey, and Flagg Taylor show, the removal power has always been and continues to be a thorny issue, especially as presidential power has expanded dramatically during the past century. Linking this provocative issue to American political and constitutional development, the authors recount removal power debate from the Founding to the present day. Understanding the historical context of outbreaks in the debate, they contend, is essential to sorting out the theoretical claims from partisan maneuvering and sectional interests, enabling readers to better understand the actual constitutional questions involved. After a detailed review of the Decision of 1789, the book examines the initial assertions of executive power theory, particularly by Thomas Jefferson and Andrew Jackson, then the rise of the argument for congressional delegation, beginning with the Whigs and ending with the impeachment of Andrew Johnson. The authors chronicle the return of executive power theory in the efforts of Presidents Grant, Hayes, Garfield, and Cleveland, who all battled with Congress over removals, then describe the emergence of new institutional arrangements with the creation of independent regulatory commissions. They conclude by tracking the rise of the unitarians and the challenges that this school has posed to the modern administrative state. Although many scholars consider the matter to have been settled in 1789, the authors argue that a Supreme Court case as recent as 2010--Free Enterprise Fund v. Public Company Accounting Oversight Board--shows the extent to which questions surrounding removal power remain unresolved and demand more attention. Their work offers a more nuanced and balanced account of the debate, teasing out the logic of the different institutional perspectives on this important constitutional question as no previous book has"--
  • "Does the president or Congress have the power to remove executive officials? Because the U.S. Constitution is silent on this issue, it has been an ongoing source of political controversy and legal debate since the founding. Without trying to answer definitively this perennial question, the authors examine the power to remove since 1789 as both a marker of and key to understanding the expansions and contractions of executive power throughout American political and constitutional development"--
Member of
Assigning source
  • Provided by publisher
  • Provided by publisher
Cataloging source
DLC
http://library.link/vocab/creatorName
Alvis, J. David
Index
index present
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/relatedWorkOrContributorDate
1974-
http://library.link/vocab/relatedWorkOrContributorName
  • Bailey, Jeremy D.
  • Taylor, F. Flagg
Series statement
American political thought
http://library.link/vocab/subjectName
  • Executive power
  • United States
Label
The contested removal power, 1789-2010, J. David Alvis, Jeremy D. Bailey, and F. Flagg Taylor IV
Instantiates
Publication
Copyright
Bibliography note
Includes bibliographical references (pages 217-246) and index
Carrier category
volume
Carrier MARC source
rdacarrier
Content category
text
Content type MARC source
rdacontent
Dimensions
24 cm.
Extent
viii, 260 pages
Isbn
9780700619221
Isbn Type
(hardback : alk. paper)
Lccn
2013020174
Media category
unmediated
Media MARC source
rdamedia
System control number
(OCoLC)845085638
Label
The contested removal power, 1789-2010, J. David Alvis, Jeremy D. Bailey, and F. Flagg Taylor IV
Publication
Copyright
Bibliography note
Includes bibliographical references (pages 217-246) and index
Carrier category
volume
Carrier MARC source
rdacarrier
Content category
text
Content type MARC source
rdacontent
Dimensions
24 cm.
Extent
viii, 260 pages
Isbn
9780700619221
Isbn Type
(hardback : alk. paper)
Lccn
2013020174
Media category
unmediated
Media MARC source
rdamedia
System control number
(OCoLC)845085638

Library Locations

    • Biddle Law LibraryBorrow it
      3400 Chestnut Street, Philadelphia, Pennsylvania, 19104, US
      39.954941 -75.193362
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