Democracy's Chief Executive: Interpreting the Constitution and Defining the Future of the Presidency

Legal scholar Peter M. Shane challenges the notion of a unilateral presidency in the US Constitution, arguing that it has led to a psychology of presidential entitlement and authoritarianism. He proposes an interpretive model of adaptive constitutionalism rooted in deliberative democracy to balance presidential powers and protect American democracy.

Format: Hardback
Length: 320 pages
Publication date: 07 June 2022
Publisher: University of California Press

Legal scholar Peter M. Shane delves into the complex issue of U.S. presidential entitlement and presents a fresh and compelling perspective on conceptualizing the constitutional presidency in the twenty-first century. Shane challenges the prevailing notion that the United States Constitution's vesting of "executive power" means the same thing today as it did in 1787. For modern-day presidentialists, this interpretation implies the creation of a largely unilateral presidency, which they argue still serves the best interests of the nation. However, Democracys Chief Executive takes a different stance. He challenges these premises and demonstrates how their influence on constitutional interpretation for over four decades has paved the way for a presidency that is ripe for authoritarianism.

Shane explains how dogmatic ideas about expansive executive authority can cultivate within the government a psychology of presidential entitlement, which poses a significant threat to American democracy and the rule of law. He traces the origins of today's aggressive presidentialism to a steady consolidation of White House power, aided primarily by right-wing lawyers and judges since 1981. Shane argues that this form of constitutional interpretation, which is not well supported by an originalist perspective, is dangerously authoritarian.

In contrast, Shane offers a fresh approach to balancing presidential powers. He develops an interpretive model of adaptive constitutionalism, rooted in the values of deliberative democracy. Shane demonstrates that justifying outcomes explicitly based on core democratic values is more, not less, constraining for judicial decision-making. He presents a model that Americans across the political spectrum should embrace, as it promotes a more democratic and accountable form of government.

Through his comprehensive analysis, Shane challenges the status quo. quo and offers a valuable contribution to the ongoing debate about the role of the presidency in American democracy. His book provides a roadmap for reimagining the constitutional presidency in the twenty-first century and promoting a more democratic and responsible form of government.

Dimension: 229 x 152 (mm)
ISBN-13: 9780520380905