The Executive Unbound: After the Madisonian Republic

By Eric A. Posner; Adrian Vermeule | Go to book overview

ACKNOWLEDGMENTS

We would like to thank the people who have helped us with this project, directly or indirectly. They include Yun Soo, Emily and Spencer Vermeule, John Carey, David Dyzenhaus, Jack Goldsmith, Michael Kenneally, Sanford Levinson, Martha Minow, Adam Tomkins, Mark Tushnet, and an anonymous reviewer for Oxford University Press. We benefited from a conference on executive power organized by Sandy Levinson at the University of Texas at Austin in the spring of 2010. We give particular thanks to Bill Scheuerman, who provided very helpful comments on the entire manuscript, as well as to other participants at the Austin conference. Also thanks to our editor, Dave McBride, for his advice and encouragement.

The book incorporates heavily revised material from the following articles:

Chapter 1: Eric A. Posner & Adrian Vermeule, “Crisis Governance in the Administrative State: 9/11 and the Financial Meltdown of 2008,” 76 University of Chicago Law Review 1613 (2009); Eric A. Posner & Adrian Vermeule, “Constitutional Showdowns,” 156 University of Pennsylvania Law Review 991 (2008); Adrian Vermeule, “Emergency Lawmaking after 9/11 and 7/7,”75 University of Chicago Law Review 1155 (2008).

Chapter 2: “Constitutional Showdowns.”

Chapter 3: Adrian Vermeule, “Our Schmittian Administrative Law,” 122 Harvard Law Review 1095 (2009); Adrian Vermeule, “Posner on Security and Liberty: Alliance to End Repression v. City of Chicago,” 120 Harvard Law Review 1251 (2007).

Chapter 4: Eric A. Posner & Adrian Vermeule, “The Credible Executive,” 74 University of Chicago Law Review 865 (2007).

Conclusion: Adrian Vermeule, “States of Detention,” The New Republic (available at http://www.tnr.com/book/review/states-detention).

We thank the journals that published these papers and the many colleagues who gave us comments on them.

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The Executive Unbound: After the Madisonian Republic
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Introduction 3
  • Chapter 1 - The Constitutional Framework 18
  • Chapter 2 - Constitutional Change 62
  • Chapter 3 - The Statutory Framework 84
  • Chapter 4 - Constraints on the Executive 113
  • Chapter 5 - Global Liberal Legalism 154
  • Chapter 6 - Tyrannophobia 176
  • Conclusion 206
  • Acknowledgments 211
  • Notes 213
  • Index 243
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