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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Untrodden Ground: How Presidents Interpret the Constitution

ISBN13: 9780226211107
Published: March 2015
Publisher: The University of Chicago Press
Country of Publication: USA
Format: Hardback
Price: £41.50
Paperback edition , ISBN13 9780226418261

Despatched in 7 to 9 days.

When Thomas Jefferson struck a deal for the Louisiana Purchase in 1803, he knew he was adding a new national power to those specified in the Constitution, but he also believed his actions were in the nation's best interest. His successors would follow his example, setting their own constitutional precedents.

Tracing the evolution and expansion of the president's formal power, Untrodden Ground reveals the president to be the nation's most important law interpreter and examines how our commanders-in-chief have shaped the law through their responses to important issues of their time. Reviewing the processes taken by all forty-three presidents to form new legal precedents and the constitutional conventions that have developed as a result, Harold H. Bruff shows that the president is both more and less powerful than many suppose.

He explores how presidents have been guided by both their predecessors' and their own interpretations of constitutional text, as well as how they implement policies in ways that statutes do not clearly authorize or forbid. But while executive power has expanded far beyond its original conception, Bruff argues that the modern presidency is appropriately limited by the national political process - their actions are legitimized by the assent of Congress and the American people or rejected through debilitating public outcry, judicial invalidation, reactive legislation, or impeachment.

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Introduction: Only a Necessity

Part I. Durable Consequences
Chapter 1. Responsibility: The Constitution
Chapter 2. Summoned by My Country: Washington and Adam
Chapter 3. The Fugitive Occurrence: Jefferson and Madison

Part II. A New Nation
Chapter 4. Independent of Both: Jackson, Tyler, and Polk
Chapter 5. A Rough Time of It: Lincoln
Chapter 6. Unmindful of the High Duties: Andrew Johnson

Part III. Steward of the People
Chapter 7. Facing the Lions: McKinley, Theodore Roosevelt, and Wilson
Chapter 8. What Must Be Done: Franklin Roosevelt

Part IV. One Single Man
Chapter 9. Going to Hell: Truman and Eisenhower
Chapter 10. Bear Any Burden: Kennedy and Lyndon Johnson
Chapter 11. Not Illegal: Nixon, Ford, and Carter

Part V. A New Era
Chapter 12. First a Dream: Reagan
Chapter 13. The Vision Thing: George H. W. Bush and Clinton

Part VI. Deciders
Chapter 14. No Equivocation: George W. Bush
Chapter 15. The Last Mile: Obama

Conclusion: The Stream of History