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Constitutional Conflicts Between Congress and the President

Fifth Edition, Revised

Louis Fisher

September 2007
368 pages, 6 x 9
Cloth ISBN 978-0-7006-1533-9, $40.00
Paper ISBN 978-0-7006-1534-6, $19.95

book cover imageNearly three decades after its initial publication, Louis Fisher’s durable classic remains at the head of its class—a book that Congressional Quarterly called “as close to being indispensable as anything published in this field.” This newly revised and updated fifth edition emphatically reinforces that sterling reputation.

Fisher dissects the crucial constitutional disputes between the executive and legislative branches of government from the Constitutional Convention through President Clinton’s impeachment battles to the recent controversies over President Bush’s conduct as commander in chief. He ventures beyond traditional discussions of Supreme Court decisions to examine the day-to-day working relationships between the president and Congress.

To scholars, this book offers a comprehensive examination of the institutions and issues of public law. For practitioners, general readers, and students of American government, it demonstrates how constitutional issues shape and define current events.

New material in this edition:
• Post-9/11 wars in Afghanistan and Iraq
• Military tribunals and NSA eavesdropping
• Kosovo war in 1999
• Impeachment of President Clinton
• Termination of ABM treaty
• Controversies over appointments and removals
• Disputes over executive orders and proclamations
• Presidential signing statements
• Developments with item veto and pocket veto
• Public access to intelligence budgets
• FBI search warrant of congressman’s office
• State secrets privilege
• Presidential and vice-presidential immunity

“The preeminent treatise on the separation of powers, Fisher’s book is constitutional scholarship at its best. . . . Ought to be required reading for the President, for every member of Congress, and for anyone who seeks to understand the subtle complexities of a constitutional arrangement that formally separates legislative from executive powers.”—Choice

“This book gets better with every edition. I have used it in my classes for years and will continue to do so.”—Mark J. Rozell, author of Executive Privilege and Power and Prudence: The Incremental Presidency of George H. W. Bush

"This book presents a set of issues, themes, questions, and arguments that will continue to be of fundamental interest to constitutional scholars in particular and political scientists in general."--George C. Edwards III, author of Presidential Leadership

"An extremely worthwhile book, adaptable to a variety of courses."--Jeffrey K. Tulis, author of The Rhetorical Presidency

LOUIS FISHER is Scholar in Residence at the Constitution Project. He previously worked at the Library of Congress as Senior Specialist in Separation of Powers (Congressional Research Service) and Specialist in Constitutional Law (Law Library) and has testified before Congress fifty times. He is the author of twenty books, including The Constitution and 9/11 and Military Tribunals and Presidential Power, winner of the 2006 Richard Neustadt Book Award for Best Book on the American Presidency.

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