The Presidency and Presidential Power

Over time Congress has delegated some of its powers to the president and both the Supreme Court and the public have tended to accept these delegations as legitimate. However, without the powers that the Constitution gives Congress and the Supreme Court, a

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Constitutional Landmarks

Charles M. Lamb · Jacob R. Neiheisel

Constitutional Landmarks Supreme Court Decisions on Separation of Powers, Federalism, and Economic Rights

Charles M. Lamb Department of Political Science University at Buffalo, State University of New York Buffalo, NY, USA

Jacob R. Neiheisel Department of Political Science University at Buffalo, State University of New York Buffalo, NY, USA

ISBN 978-3-030-55574-0 ISBN 978-3-030-55575-7 (eBook) https://doi.org/10.1007/978-3-030-55575-7 © The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2021 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Palgrave Macmillan imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland

Preface

The American Constitution creates three branches of government, each of which at times has performed admirably and each of which at other times has disappointed the nation’s people. This study of American constitutional law examines major highs and lows of judicial, executive, and legislative branch behavior as seen in the sweep of Supreme Court policymaking and politics. It begins with an overview of federal judicial power in Chapter 1, followed by an analysis of federal executive power in Chapter 2 and federal legislative power in Chapter 3. Chapters 1 through 3 therefore stress how the Supreme Court has interpreted its own powers as well as those of the president and Congress over time. The division of power between the national government and the states is also explored in Chapter 4, whereas Chapter 5 spotlights Americans’ economic rights and how the Court has construed them. This book emphasizes landmark Supreme Court decisions and the justices who made them. Clearly, though, the notion