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Eric A. Posner

The Executive Unbound: After the Madisonian Republic Illustrated Edition

by Eric A. Posner (Author), Adrian Vermeule (Author)

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Ever since Arthur M. Schlesinger Jr. used "imperial presidency" as a book title, the term has become central to the debate about the balance of power in the U.S. government. Since the presidency of George W. Bush, when advocates of executive power such as Dick Cheney gained ascendancy, the argument has blazed hotter than ever. Many argue the Constitution itself is in grave danger. What is to be done? The answer, according to legal scholars Eric Posner and Adrian Vermeule, is nothing. In The Executive Unbound, they provide a bracing challenge to conventional wisdom, arguing that a strong presidency is inevitable in the modern world. Most scholars, they note, object to today's level of executive power because it varies so dramatically from the vision of the framers. But there is nothing in our system of checks and balances that intrinsically generates order or promotes positive arrangements. In fact, the greater complexity of the modern world produces a concentration of power,
particularly in the White House. The authors chart the rise of executive authority straight through to the Obama presidency. Political, cultural and social restraints, they argue, have been more effective in preventing dictatorship than any law. The executive-centered state tends to generate political checks that substitute for the legal checks of the Madisonian constitution.

ISBN-10

0199934037
ISBN-13

978-0199934034
Edition

Illustrated
Publisher

Oxford University Press
Publication date

April 1, 2013
Language

English
Dimensions

9.2 x 6.1 x 0.7 inches
Print length

249 pages
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Editorial Reviews

Review

"A refreshingly straightforward case that the modern presidency is unconstrained by law--and that you should like it that way. Even those who...disagree vehemently with the latter proposition will find Posner and Vermuele's arguments provocative and challenging." --American Conservative

"Powerfully argued, this book is an important part of the debate over presidential power in the present world." --Choice

"Provocative." --American Prospect.org

"A thought-provoking book." -- Library Journal

"This is a book that will, for many readers, both illuminate and infuriate. It is the most full-throated embrace in recent years of the very important (and always controversial) jurisprudential theories associated with Carl Schmitt, particularly with regard to the accretion of power in the Executive Branch. If their views become widely accepted, American law--or at least the American legal academy--will never be the same again." --Sanford Levinson, author of Our Undemocratic Constitution

"This exciting, contrarian, and learned book challenges the core of liberal legalism." --Jack Goldsmith, author of The Terror Presidency

"In a relentlessly challenging attack on Madisonian pieties, Posner and Vermeule use contemporary examples to argue with verve and style that only politics can realistically check the inevitable dominance of the modern executive." --Charles Fried, Professor of Law, Harvard Law School

"Opponents of presidential power may be discomfited by Posner and Vermeule's argument that the imperial presidency is unavoidable in the modern world. Proponents of presidential power may be equally discomfited by the authors' argument that presidential power is constrained in practice by politics. Both sides will find it difficult to identify the cracks in a provocative argument with which everyone interested in the twenty-first century Constitution must contend." --Mark Tushnet, Professor of Law, Harvart Law School, and author of Why the Constitution Matters

"The title of Posner and Vermeule's book is as provocative as its argument, since the executive is, on their view, bound--but by politics, not law. If they are right, then standard courses in law school should be re-titled 'Constitutional Politics' and 'Administrative Politics', not to mention 'International Politics', and perhaps even moved out of the law schools and into political science departments. For that reason alone, there will be strong resistance to their book's central thesis, which is the mark of a highly successful work." --David Dyzenhaus, Professor of Law and Philosophy, University of Toronto, and author of Hard Cases in Wicked Legal Systems

About the Author

Eric A. Posner is Kirkland and Ellis Professor of Law at the University of Chicago Law School, and is the author of The Perils of Global Legalism, Terror in the Balance (written with Vermeule), and Climate Change Justice, among other books.

Adrian Vermeule is John H. Watson Jr. Professor of Law at Harvard Law School, and is the author of Law and the Limits of Reason, Mechanisms of Democracy, and Judging Under Uncertainty, and is the co-author with Posner of Terror in the Balance.

Product details

Publisher ‏ : ‎ Oxford University Press; Illustrated edition (April 1, 2013)
Language ‏ : ‎ English
Paperback ‏ : ‎ 249 pages
ISBN-10 ‏ : ‎ 0199934037
ISBN-13 ‏ : ‎ 978-0199934034
Item Weight ‏ : ‎ 12.1 ounces
Dimensions ‏ : ‎ 9.2 x 6.1 x 0.7 inches

Best Sellers Rank: #2,405,256 in Books (See Top 100 in Books)
- #646 in Constitutional Law (Books)
- #2,650 in General Constitutional Law

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Interesting, provocative, well argued, original book -- whether you agree with it or not, you will find it worth your while

Reviewed in the United States 🇺🇸 on April 27, 2016

Verified Purchase

A lot of people (such as a previous reviewer of this book) are unable to distinguish two things: whether they agree with the book, and whether the book is a good book. This book makes a bold, interesting, and provocative claim. The authors make a good job at canvassing argument and evidence for it (thus, when the previous reviewer said that the authors simply "assert" that the American Supreme Court is "marginal", said reviewer was being very inaccurate: the authors take pain at showing in what sense a court or a legislature is structurally insufficient for checking the modern executive at least to a substantial degree—and in that sense it is "marginal"—mainly because of the orders of magnitude of difference in the size and activity of the executive compared with other branches, as well as for other reasons related, for example, to procedure). In that sense, this is a very good book. It will add information and perspectives that no one else has, it defends an important and ambitious claim, its argument is insightful and interesting.

What I liked the most of it is not the position itself, but the novel (and in my mind extremely insightful) way in which they propose to look at standard topics in constitutional law and theory, such as separation of powers, checks and balances, etc.

10 people found this helpful

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phil

An apology for dictatorship.

Reviewed in the United States 🇺🇸 on September 24, 2020

Verified Purchase

This book is well argued, but the conclusion is appalling. Why the authors do not think that Donald Trump has the right to cancel the 2020 elections and rule solo I do not know. (One of them has become a Catholic integralist: fantasy politics but not so threatening.)

Reviewed in the United States 🇺🇸 on April 21, 2011

Verified Purchase

THESE AUTHORS STATE THEIR OFF-THE-WALL OPINIONS AS ACTUAL FACTS, VIZ., THE SUPREME COURT IS A "MARGINAL PLAYER." THESE ERUDITE LAW PROFESSORS DON'T EVEN CALL THE MEMBERS OF THE SUPREME COURT "JUSTICES" WHICH IS THEIR REAL TITLE. THEY ADVOCATE ABANDONMENT OF THE CONSTITUTION AND ABOLISHMENT OF THE OTHER TWO BRANCHES OF GOVERNMENT: THE CONGRESS AND THE JUDICIARY. THEY DEMEAN THE FOUNDERS AS HAVING MADE ERRORS IN ESTABLISHING THE GOVERNMENT OF THE UNITED STATES. IF WHAT THEY ADVOCATE PREVAILED, WHAT WOULD PREVENT "THE IMPERIAL EXECUTIVE" FROM DECIDING TO REMAIN IN POWER PERPETUALLY WITH NO CONSTITUTIONAL PROTECTION AGAINST SUCH ACTION? THEIR SOLE SOLUTION FOR CORRECTING EXCESSES BY THE EXECUTIVE IS A VOTE OF THE PEOPLE. THEY SHOULD REALLY READ ALEXIS DE TOCQUEVILLE'S "DEMOCRACY IN AMERICA" WHICH THEY SHOULD HAVE READ IN HIGH SCHOOL, WHEREIN HE WARNS THAT THE BIGGEST DANGER TO DEMOCRACY IS THE TYRANNY OF THE MAJORITY OF THE PEOPLE. MANY PEOPLE IN DEMOCRACIES AROUND THE WORLD, INCLUDING GERMANY, SELECTED BAD LEADERS. SEPARATION OF POWERS AND THE CONSTITUTION ARE THE ONLY HOPE FOR PROTECTION FROM THE TYRANNY OF THE MAJORITY, BUT THE AUTHORS ADVOCATE ABANDONING BOTH AS ILL-THOUGHT-OUT BY THE FOUNDERS. I SUSPECT THAT THESE AUTHORS' NEXT BOOK WILL BE WRITTEN TO PROVE THAT THE STATES ARE NO LONGER RELEVANT AND THAT THERE SHOULD ONLY BE A FEDERAL GOVERNMENT. I RECOMMEND THAT YOU READ THE REVIEW OF THE BOOK BY HARVEY MANSFIELD, A PROFESSOR OF GOVERNMENT AT HARVARD, IN THE NEW YORK TIMES, SUNDAY, MARCH 13, 2011, BOOK REVIEW SECTION, AND SKIP READING THE BOOK.

14 people found this helpful

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Bede Cyning

Great Book, red pill on US politics-Don’t listen to the naysaying reviewers

Reviewed in the United States 🇺🇸 on October 24, 2022

This a great book, well-argued and one of the biggest red pills out there. The negative reviews do nothing to refute the substance of the book, which is quite scholarly. They are a (probably understandable) emotional reaction to some of the logical conclusions of the arguments presented. Dismissing this magnificent work because MUH DE TOCQUEVILLE is hard to take seriously after actually reading it

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S. Roy

a load of crap. I'm offended that these people teach law - ...

Reviewed in the United States 🇺🇸 on October 23, 2016

I'll simply say the direct and to the point response to this book: a load of crap.
I'm offended that these people teach law - and in such noble institutions to boot.
If you would like to see a government ruled by the fickle nature of the people (and mainstream ideals), while the minorities (which were the purpose of having checks and balances, rather than flighty knee-jerk actions in leaders) suffer from majority rule, then by all means, read this drivel.
Laws that govern a land should take time to change. There needs to be a balance and not one person making such important decisions. Civil and World Wars may have their exceptions, bu they need to be just that, exceptions - not the rule.

2 people found this helpful

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Appellate Advocate

Whatever You Do, Don't Skip This Book

Reviewed in the United States 🇺🇸 on January 18, 2016

Eric Posner and Adrian Vermeule are two of the brightest legal scholars writing today. If you are looking for a hagiography of the Founding Fathers -- apparently some people like that stuff -- don't bother reading this book. If you like to be challenged and read insightful analysis, buy this book. You might not agree with their thesis, but it is well worth reading.

7 people found this helpful

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