Madison's Nightmare: How Executive Power Threatens American Democracy

Front Cover
University of Chicago Press, Aug 1, 2009 - Political Science - 256 pages
0 Reviews

The George W. Bush administration’s ambitious—even breathtaking—claims of unilateral executive authority raised deep concerns among constitutional scholars, civil libertarians, and ordinary citizens alike. But Bush’s attempts to assert his power are only the culmination of a near-thirty-year assault on the basic checks and balances of the U.S. government—a battle waged by presidents of both parties, and one that, as Peter M. Shane warns in Madison’s Nightmare, threatens to utterly subvert the founders’ vision of representative government.

Tracing this tendency back to the first Reagan administration, Shane shows how this era of "aggressive presidentialism" has seen presidents exerting ever more control over nearly every arena of policy, from military affairs and national security to domestic programs. Driven by political ambition and a growing culture of entitlement in the executive branch—and abetted by a complaisant Congress, riven by partisanship—this presidential aggrandizement has too often undermined wise policy making and led to shallow, ideological, and sometimes outright lawless decisions. The solution, Shane argues, will require a multipronged program of reform, including both specific changes in government practice and broader institutional changes aimed at supporting a renewed culture of government accountability.

From the war on science to the mismanaged war on terror, Madison’s Nightmare outlines the disastrous consequences of the unchecked executive—and issues a stern wake-up call to all who care about the fate of our long democratic experiment.

 

What people are saying - Write a review

Madison's nightmare: how executive power threatens American democracy

User Review  - Not Available - Book Verdict

Shane (Ohio State Univ. Moritz Coll. of Law) writes here about the enormous expansion of presidential power and its violation of constitutional principles. In particular, he argues that the rise in ... Read full review

Contents

How the Federal Government Became Unchecked and Unbalanced
1
2 Checks and Balances in Law and History
27
Presidentialism and the Pathologies of Unilateral Policy Making
56
4 Presidentialism National Security and the Breakdown of Government Lawyering
82
Executive Privilege Signing Statements and the Illusion of Law
112
Administrative Accountability and the Unitary Executive
143
Visions of Democracy Steps to Reform
175
Notes
211
Index
241
Copyright

Other editions - View all

Common terms and phrases

About the author (2009)

Peter M. Shane is the Jacob E. Davis and Jacob E. Davis II Chair in Law at the Ohio State University Moritz College of Law. He is a coauthor and coeditor of A Little Knowledge: Privacy, Security and Public Information after September 11.

Bibliographic information