The President, Office and Powers: 1787-1957, History and Analysis of Practice and Opinion

The President, Office and Powers: 1787-1957, History and Analysis of Practice and Opinion

The President, Office and Powers: 1787-1957, History and Analysis of Practice and Opinion

The President, Office and Powers: 1787-1957, History and Analysis of Practice and Opinion

Excerpt

The original edition of this work appeared in 1940. In a second edition the following year some errors in the previous printing were corrected and note was taken of a few more recent happenings, but the pagination was not disturbed. A third revision in 1948 was much more extensive, the inevitable consequence of all that had happened to the presidency since 1940, particularly at the hands of Roosevelt II. Much of the text was rewritten; in some instances matter was shifted from one chapter to another; out-of-date material was discarded, and much new material was added. In the present volume these procedures have been carried farther.

The general character of the work remains nevertheless the same. It is primarily a study in American public law. The approach is partly historical, partly analytical and critical. The central theme is the development and contemporary status of presidential power and of the presidential office under the Constitution. At the same time, the personal and political aspects of the subject have not been ignored. For American constitutional law, far from being a closed system, often bristles with alternatives; and especially is this true of the segment of it with which these pages are concerned. Consequently, it often becomes pertinent to raise the question which of two or more available theories of the Constitution is to be preferred on grounds of policy. Indeed, for reasons that the reader will discover for himself, it is only rarely that previous practice or agreed doctrine, either one, can be dogmatically asserted to have foreclosed all choice be-

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