Overcoming Necessity

Overcoming Necessity Emergency, Constraint, and the Meanings of American Constitutionalism

Hardback (04 Aug 2020)

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Publisher's Synopsis

An argument for why emergencies are no excuse for extralegal action by presidents

Using emergency as a cause for action ultimately leads to an almost unnoticed evolution in the political understanding of presidential powers. The Constitution, however, was designed to function under "states of exception," most notably through the separation of powers, and provides ample internal checks on emergency actions taken under claims of necessity. Thomas Crocker urges Congress, the courts, and other bodies to put those checks into practice.

Book information

ISBN: 9780300181616
Publisher: Yale University Press
Imprint: Yale University Press
Pub date:
DEWEY: 342.73062
DEWEY edition: 23
Language: English
Number of pages: x, 332
Weight: 588g
Height: 245mm
Width: 162mm
Spine width: 29mm