Posted by Eric Posner: Obama, Bush, emergencies, and executive power. http://volokh.com/archives/archive_2009_03_22-2009_03_28.shtml#1237884596
[1]Here you can find some thoughts on the emerging evidence of the Obama administration's position on executive power (written with Curt Bradley). And below a bloggingheads segment with Jack Balkin (I am the barely sentient one of the two speakers, not yet recovered from a vacation). Do emergencies help presidents or hurt them? I say they hurt them. FDR was an exceptional case. The Caesar/Cromwell theory that presidents use emergencies to become dictators�and that fear of this phenomenon should be a part of our constitutional politics�should be interred in an eighteenth century tomb. Jack disagrees. He sees presidents "creating reality"; I see them being devoured by reality. [EMBED] References 1. http://executivewatch.net/2009/03/23/symbols-and-substance-in-the-new-administration/#more-363
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