Cover image for The presidency and the law : the Clinton legacy
Title:
The presidency and the law : the Clinton legacy
Author:
Adler, David Gray, 1954-
Publication Information:
Lawrence, Kan. : University Press of Kansas, [2002]

©2002
Physical Description:
xxx, 234 pages ; 24 cm
Language:
English
Contents:
Expansion and contraction : Clinton's impact on the scope of presidential power / Nancy Kassop -- Clinton, the constitution, and the war power / David Gray Adler -- The Clinton legacy : an old (or new) understanding of executive privilege? / Mark J. Rozell -- The pardon power under Clinton : tested but intact / Michael A. Genovese and Kristine Almquist -- The independent counsel and the post-Clinton presidency / Robert J. Spitzer -- Executive immunity for the post-Clinton presidency / Evan Gerstmann and Christopher Shortell -- In the wake of 1996 : Clinton's legacy for presidential-campaign finance / Victoria A. Farrar-Myers -- The impeachment of Bill Clinton / David Gray Adler and Nancy Kassop -- The condition of the presidency : Clinton in context / David Gray Adler -- Epilogue: constitutional violence / Louis Fisher.
ISBN:
9780700611935

9780700611942
Format :
Book

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Summary

Summary

Political scandals have always demonstrated the capacity of our executive officials for self-inflicted injuries, and the Clinton administration was no exception. Unilateral war-making, claims of executive privilege and immunity, and last-minute pardons all tested the limits of presidential power, while the excesses of the Special Prosecutor cast doubts on available remedies. For eight years, Republicans and Democrats engaged in guerrilla warfare aimed at destroying the careers and lives of their adversaries, while tests of presidential power were resolved by the courts, resulting in a reshaping of the scope and power of the presidency itself. This book examines the many controversial and important battles that led to the shrinking of the presidency under the law during the Clinton administration. Located at the intersection of law and politics, it helps readers understand the dramatic changes that took place in the relationship of presidential power to the law during the Clinton years and shows how one president's actions - and congressional and legal reactions to them - have altered presidential prerogatives in ways that his successors cannot ignore. The Presidency and the Law ass


Summary

Political scandals have always demonstrated the capacity of our executive officials for self-inflicted injuries, and the Clinton administration was no exception. Unilateral warmaking, claims of executive privilege and immunity, and last-minute pardons all tested the limits of presidential power, while the excesses of the Special Prosecutor cast doubts on available remedies. For eight years, Republicans and Democrats engaged in guerrilla warfare aimed at destroying the careers and lives of their adversaries while tests of presidential power were resolved by the courts, resulting in a reshaping of the scope and power of the presidency itself.

This book examines the many controversial and important battles that led to the shrinking of the presidency under the law during the Clinton administration. Located at the intersection of law and politics, it helps readers understand the dramatic changes that took place in the relationship of presidential power to the law during the Clinton years and shows how one president's actions--and congressional and legal reactions to them--have altered presidential prerogatives in ways that his successors cannot ignore.

The Presidency and the Law offers an assessment of changes in constitutional and legal understanding of the American presidency, exploring such topics as war power, executive privilege, pardon power, impeachment, executive immunity, independent counsel, and campaign finance. In examining these collisions between president and the law, its distinguished contributors bring the lessons of Watergate and Iran-Contra into the Clinton era and contribute to a Madisonian view that presidents should not operate outside statutory and constitutional constraints.

While the essays offer several criticisms of that administration's exercise of power and its interpretation of constitutional provisions and law, many of the authors have been supportive of Clinton and his policy pursuits, and all seek to examine the potential impact of the Clinton administration without being predictive or legalistic. They offer instead commentary, analysis, and criticism that examine the legality and constitutionality of President Clinton's actions within a broader political and historical context.

The presidency is constitutionally weaker and politically more vulnerable than the office Bill Clinton assumed in 1993, and it remains to be seen what impact these changes will have on the presidency in the 21st century. This book points the way to assessing that impact, and is essential reading for anyone concerned with the future of our democracy.


Reviews 2

Choice Review

This collection of essays edited by Adler (Idaho State) and Genovese (Loyola Marymount) provides a "comprehensive" analysis of how President Clinton's actions in the White House contributed to the transformation of the legal foundation of the American presidency. The chapters treat a wide range of constitutional and legal issues involving presidential authority. They include discussions of executive power, war powers, executive privilege and immunity, impeachment and the independent counsel law, and campaign financing and White House fundraising. These essays are especially valuable in that they situate the Clinton presidency within the context of the evolution of this formal authority of the office and discuss and critique the Clinton administration's interpretation of that authority and use of powers. The authors also consider the deleterious effects of Clinton's actions for "constitutional government" and the system of separation of powers and checks and balances. This splendid collection will be essential for anyone who wants to understand both the Clinton presidency and the current character of the formal powers of the office. ^BSumming Up: Highly recommended. Upper-division undergraduates and above. G. L. Malecha University of Portland


Choice Review

This collection of essays edited by Adler (Idaho State) and Genovese (Loyola Marymount) provides a "comprehensive" analysis of how President Clinton's actions in the White House contributed to the transformation of the legal foundation of the American presidency. The chapters treat a wide range of constitutional and legal issues involving presidential authority. They include discussions of executive power, war powers, executive privilege and immunity, impeachment and the independent counsel law, and campaign financing and White House fundraising. These essays are especially valuable in that they situate the Clinton presidency within the context of the evolution of this formal authority of the office and discuss and critique the Clinton administration's interpretation of that authority and use of powers. The authors also consider the deleterious effects of Clinton's actions for "constitutional government" and the system of separation of powers and checks and balances. This splendid collection will be essential for anyone who wants to understand both the Clinton presidency and the current character of the formal powers of the office. ^BSumming Up: Highly recommended. Upper-division undergraduates and above. G. L. Malecha University of Portland