Supreme Court Expansion of Presidential Power

"This book would provide a good starting point for thinking through the constitutional distribution of powers and the case to be made for strengthening the position of Congress."—Congress & The Presidency

"Fisher’s work should inspire others to place court decisions in their proper historical perspective, as well as shifting the powers of the three branches back to their constitutional roots."—American Review of Politics

"The analysis is meticulous and comprehensive, and Fisher superbly breaks down complex doctrinal developments, enabling nonexperts to understand the historical trajectory and the urgency of the problem."—Perspectives on Politics

"This new study of the constitutional demarcations of executive power achieves the difficult task of standing out in a well-explored field."—Choice

“In this authoritative account, Louis Fisher demonstrates that federal courts since the 1930s have greatly expanded presidential power, and have done so beyond any fair reading of the original intent of the Framers and the text of the Constitution. They have done so through erroneous readings of historical precedent, the development of doctrines that are based on personal biases toward executive power, and through abdication of their responsibilities to adjudicate by seeking refuge in procedural dodges. Fisher argues that not only the courts should be held accountable for misleading approaches, biased doctrines, and abdication of function, but so should a large part of the public law scholarly community. For the most part legal scholars have not mined the historical record, nor questioned presumptions about executive competence. The result is that both judges and the scholars who comment on their work have legitimized executive power to an extent that has done serious damage not only to the constitutional system, but also to the viability and legitimacy of public policy. Fisher is the dean of public law scholars, and he has produced a hugely valuable study of the non-use and misuse of judicial power in legitimizing the vast expansion of presidential powers.”—Richard M. Pious, Adolph and Effie Ochs Professor Emeritus, Barnard College and Columbia University

"Louis Fisher’s richly documented latest book sets forth a compelling historical narrative of the American republic from 1789 to the present that constitutes a serious indictment of the Supreme Court’s unique contributions in creating a Presidency that possesses powers that are not only dangerous but are at odds with foundational principles of the constitutional order such as separation of powers and checks and balances. Fisher’s Supreme Court Expansion of Presidential Power is the culmination of decades of learning and consideration and should be required reading for anyone invested in the preservation of an American republic committed to democratic values, individual liberty, and the rule of law."—David Rudenstine, author of The Age of Deference: The Supreme Court, National Security, and the Constitutional Order

“Louis Fisher is the nation’s preeminent scholar on separation of powers issues. His mastery of both the big picture and the fine details shines through in this straight-forward, authoritative account of how the Supreme Court has helped to enable the aggrandizement of executive power. Supreme Court Expansion of Presidential Power: Unconstitutional Leanings is another essential contribution to Fisher’s invaluable library of scholarly work.”—Jeffrey Crouch, author of The Presidential Pardon Power

“Fisher once again shows why he is considered one of the preeminent constitutional scholars today. His latest book is a well researched and thought-provoking study of the expansion of presidential powers. Offering great insight Fisher explores how the judiciary has done much to aid the presidency in the accumulation of its powers, particularly in external affairs. The record Fisher presents should be both insightful and troubling for those who believe in constitutional governance. His book should be a must read for all.”—Mitchel A. Sollenberger, author of The President’s Czars: Undermining Congress and the Constitution