Del i serien SUNY series on the Presidency: Contemporary Issues

Constitutional Ambiguity and the Interpretation of Presidential Power

Häftad, Engelska, 2025

AvRichard W. Waterman

479 kr

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Examines the role of constitutional ambiguity across the entire spectrum of American history and how it impacts our interpretation of presidential power.While the rise of autocratic presidential powers has been widely noted by scholars in recent years, with calls by some for a stronger or more accountable presidency, Constitutional Ambiguity and the Interpretation of Presidential Power is among the first entirely dedicated to a study of the impact of this ambiguity on how scholars, judges, and presidents have understood executive power. Embarking on a detailed examination of legal, historical, and political science literature across the broad scope of American history, Richard W. Waterman examines the concerns of the Constitution's Framers regarding the fear of monarchy and a tyrannical president. He then discusses the writing and ratification of the Constitution and by drawing on insights from the time of the Framers to the present day, he provides a unique historical timeline related to the discussion and analysis of constitutional ambiguity. Over the course of several chapters, he finds that no sole theory defines presidential power, and ambiguity rules the day, allowing presidents to find power in the Constitution's silences as well as its various nooks and crannies, which has led to the very real danger of an autocratic presidency.

Produktinformation

Utgivningsdatum2025-08-02
Mått152 x 229 x 22 mm
Vikt454 g
FormatHäftad
SpråkEngelska
SerieSUNY series on the Presidency: Contemporary Issues
Antal sidor324
FörlagState University of New York Press
ISBN9798855801194

Tillhör följande kategorier

Introduction1. Constitutional Ambiguity and Presidential Power2. Writing a New Constitution3. Constitutional Ambiguity4. Obstacles to the Interpretation of the Constitution in Early America5. The Sovereign Power and Constitutional Interpretation6. A Strict Interpretation of the Constitution7. A Living Constitution8. The Unitary Executive Theory9. The Constitution and the Supreme Practical TestNotesReferencesIndex

"Overall, at a time when the second Trump administration and the Supreme Court are putting the vision of a unitary executive into practice, Waterman's book helps us understand the roots of what makes such a transformation of the office possible … Waterman's book is destined to be an indispensable resource for both research and teaching as scholars of the presidency ponder these questions going forward." — Presidential Studies Quarterly"Constitutional Ambiguity and the Interpretation of Presidential Power is an expert-led journey through the history of the American presidency with the concept of constitutional ambiguity as its touchstone. At the end of the trip, there are still no easy answers to the hard questions raised by the book. Still, thanks to Waterman's thoughtful and thorough analysis, we have a much more informed starting point for discussion of these vitally important issues." — Congress & the Presidency"Waterman asks questions of absolutely first order importance to the study of the American presidency. After recognizing the essential ambiguity of Article II, he then establishes its significance for a broad array of arguments about the outer reaches of presidential power through US history. Rather than adjudicate debates about which specific constitutional interpretations are, in one sense or another, objectively correct, Constitutional Ambiguity and the Interpretation of Presidential Power helps to clarify the sheer variety of claims that this ambiguity has supported. At a time of acute anxieties about presidential power and democracy, this book is sorely needed." — William Howell, author of Presidents, Populism, and the Crisis of Democracy