Table of Contents

* Introduction 1. Presidential Power and Constitutionalism * Constitutionalism and Executive Power * Dynamic Variables in Emergency Constitutionalism * Emergencies and Constitutional Perspectives 2. Presidents and Constitutionalism * President Lincoln: "Popular demand and public necessity" * President Wilson: "if there should be disloyalty, it will be dealt with with a firm hand of stern repression" * President Roosevelt: "every possible protection against espionage and against sabotage" * President Truman: "Within the aggregate of his constitutional powers" 3. President Bush and Constitutionalism * Torture * Surveillance * Detention Conclusion: A Call for Executive Constitutionalism * Presidential Power Claims and Constitutional Perspectives * Executive Constitutionalism * Notes * Acknowledgments * Index

Promotional Information

At a time when citizens are vigorously discussing the proper balance between personal liberties and national security, Scott Matheson has produced a lucid, brilliant volume to guide this vital debate. Drawing on a wide swath of American history, Matheson convincingly demonstrates that the contemporary concern about presidential excess is not new. And he suggests a wise path for the nation to follow--one that will meet threats to our security but also will require presidents to respect constitutional limits. -- Larry J. Sabato, author of A More Perfect Constitution and director of the University of Virginia Center for Politics Refracting our post-9/11 history through the lens of prior presidencies, a distinguished dean, legal scholar, and government servant makes a compelling call to recalibrate national security and civil liberties through a renewed commitment to executive constitutionalism. -- Dean Harold Hongju Koh, Yale Law School; former Assistant Secretary of State for Democracy, Human Rights and Labor

About the Author

Scott M. Matheson is Professor of Law, University of Utah.

Reviews

At a time when citizens are vigorously discussing the proper balance between personal liberties and national security, Scott Matheson has produced a lucid, brilliant volume to guide this vital debate. Drawing on a wide swath of American history, Matheson convincingly demonstrates that the contemporary concern about presidential excess is not new. And he suggests a wise path for the nation to follow--one that will meet threats to our security but also will require presidents to respect constitutional limits.
*Larry J. Sabato, author of A More Perfect Constitution and director of the University of Virginia Center for Politics*

Refracting our post-9/11 history through the lens of prior presidencies, a distinguished dean, legal scholar, and government servant makes a compelling call to recalibrate national security and civil liberties through a renewed commitment to executive constitutionalism.
*Dean Harold Hongju Koh, Yale Law School; former Assistant Secretary of State for Democracy, Human Rights and Labor*