The Executive Unbound: After the Madisonian Republic


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The Executive Unbound: After the Madisonian Republic by Eric A. Posner & Adrian Vermeule

Stanford Libraries

Like an ideal market, they write, Madison's separation of powers has no central director, but it lacks the price system which gives an economy its structure; there is nothing in checks and balances that intrinsically generates order or promotes positive arrangements. In fact, the greater complexity of the modern world produces a concentration of power, particularly in the White House.

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The authors chart the rise of executive authority, noting that among strong presidents only Nixon has come in for severe criticism, leading to legislation which was designed to limit the presidency, yet which failed to do so. Political, cultural and social restraints, they argue, have been more effective in preventing dictatorship than any law.

The executive-centered state tends to generate political checks that substitute for the legal checks of the Madisonian constitution.

Piety toward the founders and a historic fear of tyranny have been powerful forces in American political thinking. Posner and Vermeule confront them both in this startlingly original contribution. Excerpt In the administrative state, what if anything constrains the enormous power of the executive—including both the presidency and the administrative agencies?

Read preview Overview. Saunders Praeger, The Yale Law Journal, Vol.

Private: Madisonianism Misunderstood: A Reply to Posner and Vermeule

He writes about contract law, international law, constitutional law, and administrative law. He is a fellow of the American Academy of Arts and Sciences. All rights reserved. Policies Guidelines.


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Home Page Index of Issues. Posner and Adrian Vermeule.

Are We Stuck with the Imperial Presidency? | by David Cole | The New York Review of Books

New York, Oxford University Press, In recent years, advocates of broad executive power have made bold claims. George W.

Bush administration attorneys asserted that Congress could not limit presidential authority to wage pre-emptive war or authorize torture. Barack Obama administration attorneys concluded that the President could authorize military action in Libya without congressional approval.

The Executive Unbound: After the Madisonian Republic The Executive Unbound: After the Madisonian Republic
The Executive Unbound: After the Madisonian Republic The Executive Unbound: After the Madisonian Republic
The Executive Unbound: After the Madisonian Republic The Executive Unbound: After the Madisonian Republic
The Executive Unbound: After the Madisonian Republic The Executive Unbound: After the Madisonian Republic
The Executive Unbound: After the Madisonian Republic The Executive Unbound: After the Madisonian Republic
The Executive Unbound: After the Madisonian Republic The Executive Unbound: After the Madisonian Republic

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