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U.S. Constitution
See other U.S. Constitution Articles

Title: Obama's Constitutional Role Model?
Source: soso
URL Source: http://scholarship.law.berkeley.edu/facpubs/1655/
Published: May 4, 2015
Author: John Yoo
Post Date: 2015-05-04 13:51:19 by SOSO
Keywords: None
Views: 1645
Comments: 17

The following is an excerpt for John Yoos Jefferson and Executive Power:

"CONCLUSION

Contrary to popular belief, Jefferson believed in an independent Presidency with inherent powers. He used them vigorously to the great benefit of the nation. Jefferson did not hesitate to exert direct control over the entire executive branch, challenge the courts over the right to interpret the Constitution, and use the military to advance foreign policy goals. He kept a firm control over foreign policy. Most importantly, Jefferson believed the President could act extra-constitutionally when the demands of necessity required. His belief in the Lockean prerogative allowed him to seize the great achievement of his Presidency, and that of the early Republic: the Louisiana Purchase. Domestically, Jefferson produced the innovation of the President as legislative leader. He introduced a close coordination of the executive and legislative branches, even going so far as to select the leaders of the Republican caucuses. His use of the political party to overcome the separation between the President and Congress allowed him to push through legislative policies with stunning speed.

Drawing the two branches closer together, however, would not prove an unadulterated blessing. With a conduit open between the two branches, power could flow in either direction. Once its founder left the Presidency, the Republican party shifted its weight of gravity toward the legislature, and away from the executive. The congressional caucus assumed the right to select the party's presidential nominee, justifying the nickname "King Caucus." Indeed, it was unclear whether congressional Democrats would select Madison or Monroe for the 1808 elections until Jefferson made his wishes known. This broke the Framers' effort to forge a direct relationship between the Presidency and the people, and to give the chief executive independence from Congress."


Poster Comment: Though a bit lenghty the entire treatise is well worth the read and may explain Obama's view on consitutional limits on the Presidency.

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Begin Trace Mode for Comment # 1.

#1. To: SOSO (#0)

may explain Obama's view on consitutional limits on the Presidency.

His view on the Constitutional limits of the presidency is, in all likelihood, the same as his predecessors: 4-8 years. That's it.

Pinguinite  posted on  2015-05-04   18:49:29 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 1.

#3. To: Pinguinite (#1)

His view on the Constitutional limits of the presidency is, in all likelihood, the same as his predecessors: 4-8 years. That's it.

You've watched the last 6 1/2 years with your own eyes....Reeealy??

Liberator  posted on  2015-05-04 19:19:20 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 1.

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