Contested Ground

How to Understand the Limits of Presidential Power

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Pub Date Oct 19 2021 | Archive Date Nov 15 2021

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Description

The Trump presidency was not the first to spark contentious debates about presidential power, but its impact on these debates will reverberate far beyond his term. The same rules must apply to all presidents: those whose abuses of power we fear, as well as those whose exercises of power we applaud. In this brief but wide-ranging guide to the presidency, constitutional law expert Daniel Farber charts the limits of presidential power, from the fierce arguments among the Framers to those raging today. Synthesizing history, politics, and settled law, Contested Ground also helps readers make sense of the gaps and gray areas that fuel such heated disputes about the limits of and checks on presidential authority.
 
From appointments and removals to wars and emergencies, Contested Ground investigates the clashes between branches of government as well as between presidential power and individual freedom. Importantly, Farber lays out the substance of constitutional law and the way it is entwined with constitutional politics, a relationship that ensures an evolving institution, heavily shaped by the course of history. The nature of the position makes it difficult to strike the right balance between limiting abuse of power and authorizing its exercise as needed. As we reflect on the long-tailed implications of a presidency that tested these limits of power at every turn, Contested Ground will be essential reading well after today’s political climate stabilizes (or doesn’t).

The Trump presidency was not the first to spark contentious debates about presidential power, but its impact on these debates will reverberate far beyond his term. The same rules must apply to all...


Advance Praise

"This is a wonderfully readable and insightful book on a topic of enormous importance: the constitutional parameters of presidential power in the United States. Dan Farber expertly guides readers through multiple aspects of the topic, including constitutional text, methods of constitutional interpretation, and the roles played by law, politics, and history. "—Heidi Kitrosser, University of Minnesota Law School

"Farber, one of our nation's preeminent constitutional scholars, offers a brilliant analysis of the constitutional limits and historical abuses of presidential power—an issue that has tested our democracy from the founding through the Trump era. Addressing such critical issues as foreign affairs, domestic policy, individual rights, and separation of powers, this is an essential work for anyone who wants to understand the central challenges to our democracy past, present, and future."—Geoffrey R. Stone, University of Chicago Law School

"This is a wonderfully readable and insightful book on a topic of enormous importance: the constitutional parameters of presidential power in the United States. Dan Farber expertly guides readers...


Available Editions

EDITION Other Format
ISBN 9780520343948
PRICE $26.95 (USD)
PAGES 280