Democracy’s Chief Executive

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Peter Shane’s incisive investigation into how the presidency became untethered from democracy challenges us to rethink the executive branch’s role in our government. At a time when faith in our democratic institutions has approached a nadir, Shane offers a compelling and imaginative vision for renewing and strengthening our democracy."—Russ Feingold, former U.S. Senator and President of the American Constitution Society "Provides an elegant and persuasive argument for a vision of presidential power in the American constitutional system that is true to both American constitutional history and to the demands of contemporary democratic governance. In the process, Peter Shane shows us what is at stake in the sometimes arcane debates about 'originalism' and the theory of the 'unitary executive, ' and why those positions are both mistaken and dangerous."—Jerry L. Mashaw,  Professor of Law Emeritus, Yale University "A deeply illuminating account of how the relentless push for presidential unilateralism has come to threaten American self-rule and why a democracy-oriented theory of constitutional interpretation is now more urgent than ever. This book is a must-read for those seeking to better understand the connections among presidential power, legal interpretation, and American democracy."—Daphna Renan,  Professor of Law,  Harvard Law School "Shane persuasively demonstrates that aggressive presidentialism threatens American democracy, that its legal foundations are the products not of disinterested interpretation but of political activism, and that those foundations are deeply flawed. Shane also offers an alternative constitutional vision compatible with a democratic presidency. A profound and important book."—Heidi Kitrosser, author of Reclaiming Accountability: Transparency, Executive Power, and the U.S. Constitution "A compelling and accessible critique of ever-expanding presidential power written by a venerable scholar of administrative and constitutional law. This book is a well written, thoughtful, and incisive contribution to both academic and popular discourse alike, and truly a volume for our times. Indeed, it is a must-read for anyone who wants to understand why the presidency has become so problematic and—in particular—for those of us seeking better from our national leaders, regardless of our political affiliations."—Bijal Shah, Associate Professor of Law, Arizona State University, Sandra Day O'Connor College of Law "Shane has puzzled over the parameters of presidential power for decades—as scholar, policy practitioner, and concerned citizen. Here he seeks to counter the ‘aggressive presidentialism’ of unitary executive theory with a constitutionally faithful construction of executive authority and the resuscitation of interbranch institutional ambitions. All those who care about accountable government—and the threat of authoritarianism—should pay heed."—Andrew Rudalevige, author of The New Imperial Presidency: Renewing Presidential Power after Watergate