Power Without Constraint

Author: Chris Edelson
Publisher: University of Wisconsin Pres
ISBN: 0299307409
Size: 37.22 MB
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Despite rhetorical differences, the administrations of George W. Bush and Barack Obama have both claimed broadly unrestrained presidential power in matters of military force, surveillance, and the state secrets privilege.

Power And Constraint The Accountable Presidency After 9 11

Author: Jack Goldsmith
Publisher: W. W. Norton & Company
ISBN: 0393083519
Size: 20.52 MB
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The surprising truth behind Barack Obama's decision to continue many of his predecessor's counterterrorism policies. Conventional wisdom holds that 9/11 sounded the death knell for presidential accountability. In fact, the opposite is true. The novel powers that our post-9/11 commanders in chief assumed—endless detentions, military commissions, state secrets, broad surveillance, and more—are the culmination of a two-century expansion of presidential authority. But these new powers have been met with thousands of barely visible legal and political constraints—enforced by congressional committees, government lawyers, courts, and the media—that have transformed our unprecedentedly powerful presidency into one that is also unprecedentedly accountable. These constraints are the key to understanding why Obama continued the Bush counterterrorism program, and in this light, the events of the last decade should be seen as a victory, not a failure, of American constitutional government. We have actually preserved the framers’ original idea of a balanced constitution, despite the vast increase in presidential power made necessary by this age of permanent emergency.

Emergency Presidential Power

Author: Chris Edelson
Publisher: University of Wisconsin Pres
ISBN: 0299295338
Size: 69.53 MB
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Can a U.S. president decide to hold suspected terrorists indefinitely without charges or secretly monitor telephone conversations and e-mails without a warrant in the interest of national security? Was the George W. Bush administration justified in authorizing waterboarding? Was President Obama justified in ordering the killing, without trial or hearing, of a U.S. citizen suspected of terrorist activity? Defining the scope and limits of emergency presidential power might seem easy—just turn to Article II of the Constitution. But as Chris Edelson shows, the reality is complicated. In times of crisis, presidents have frequently staked out claims to broad national security power. Ultimately it is up to the Congress, the courts, and the people to decide whether presidents are acting appropriately or have gone too far. Drawing on excerpts from the U.S. Constitution, Supreme Court opinions, Department of Justice memos, and other primary documents, Edelson weighs the various arguments that presidents have used to justify the expansive use of executive power in times of crisis. Emergency Presidential Power uses the historical record to evaluate and analyze presidential actions before and after the terrorist attacks of September 11, 2001. The choices of the twenty-first century, Edelson concludes, have pushed the boundaries of emergency presidential power in ways that may provide dangerous precedents for current and future commanders-in-chief. Winner, Crader Family Book Prize in American Values, Department of History and Crader Family Endowment for American Values, Southeast Missouri State University

Power Wars

Author: Charlie Savage
Publisher: Little, Brown
ISBN: 0316286605
Size: 77.23 MB
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Pulitzer Prize-winning journalist Charlie Savage's penetrating investigation of the Obama presidency and the national security state Barack Obama campaigned on changing George W. Bush's "global war on terror" but ended up entrenching extraordinary executive powers, from warrantless surveillance and indefinite detention to military commissions and targeted killings. Then Obama found himself bequeathing those authorities to Donald Trump. How did the United States get here? In Power Wars, Charlie Savage reveals high-level national security legal and policy deliberations in a way no one has done before. He tells inside stories of how Obama came to order the drone killing of an American citizen, preside over an unprecendented crackdown on leaks, and keep a then-secret program that logged every American's phone calls. Encompassing the first comprehensive history of NSA surveillance over the past forty years as well as new information about the Osama bin Laden raid, Power Wars equips readers to understand the legacy of Bush's and Obama's post-9/11 presidencies in the Trump era.

Presidential Leadership And National Security

Author: Richard S. Conley
Publisher: Routledge
ISBN: 1351979833
Size: 62.63 MB
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This book assesses the foreign policy legacy of the Obama administration through the lens of national security and leadership. Timely, accessible chapters authored by leading scholars of presidential and international politics cover White House-Cabinet relations; Congress and War Powers; challenges including the Iran nuclear deal, ISIS, and the closing of Guantanamo Bay; drone strikes; the New Cold War with Russia; and the ways in which the Obama foreign policy legacy shaped the 2016 presidential election. In particular, the book explores the philosophical basis of counter-terrorism strategy in the Obama administration and traces how precepts differed from the administration of George W. Bush. More generally, the book contributes to an understanding of the distinctive interplay between the formal, constitutional powers of the president and the use of informal, executive powers in the quest for peace and security. Finally, the book surveys the challenges that Donald J. Trump faces in the transition to the new presidential administration.

How Democracies Die

Author: Steven Levitsky
Publisher: Crown
ISBN: 1524762954
Size: 41.68 MB
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NEW YORK TIMES BESTSELLER “Comprehensive, enlightening, and terrifyingly timely.” —New York Times Book Review “Cool and persuasive... How Democracies Die comes at exactly the right moment.” —The Washington Post Donald Trump’s presidency has raised a question that many of us never thought we’d be asking: Is our democracy in danger? Harvard professors Steven Levitsky and Daniel Ziblatt have spent more than twenty years studying the breakdown of democracies in Europe and Latin America, and they believe the answer is yes. Democracy no longer ends with a bang—in a revolution or military coup—but with a whimper: the slow, steady weakening of critical institutions, such as the judiciary and the press, and the gradual erosion of long-standing political norms. The good news is that there are several exit ramps on the road to authoritarianism. The bad news is that, by electing Trump, we have already passed the first one. Drawing on decades of research and a wide range of historical and global examples, from 1930s Europe to contemporary Hungary, Turkey, and Venezuela, to the American South during Jim Crow, Levitsky and Ziblatt show how democracies die—and how ours can be saved.

Law S Wars

Author: Richard L. Abel
Publisher: Cambridge University Press
ISBN: 1108429815
Size: 40.67 MB
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The US 'war on terror', which Bush declared and Obama continued, repeatedly violated fundamental rule of law values. Law's Wars: The Fate of the Rule of Law in the US 'War on Terror' is the first comprehensive account of efforts to resist and correct those violations. It focuses on responses to abuses in Abu Ghraib, efforts by Guantnamo Bay detainees to improve conditions of confinement in and win release, exposs of and efforts to end torture and electronic surveillance, and civilian casualties on the battlefield, including targeted killings. Abel deploys a law and society perspective to construct and analyze detailed narratives of the roles of victims, whistle-blowers, the media, NGOs, lawyers, doctors, politicians, military personnel, foreign governments and international organizations in defending the rule of law. Only by understanding past errors can we hope to prevent their repetition in what promises to be an endless 'war on terror'.

Power Without Persuasion

Author: William G. Howell
Publisher: Princeton University Press
ISBN: 1400874394
Size: 34.94 MB
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Since the early 1960s, scholarly thinking on the power of U.S. presidents has rested on these words: "Presidential power is the power to persuade." Power, in this formulation, is strictly about bargaining and convincing other political actors to do things the president cannot accomplish alone. Power without Persuasion argues otherwise. Focusing on presidents' ability to act unilaterally, William Howell provides the most theoretically substantial and far-reaching reevaluation of presidential power in many years. He argues that presidents regularly set public policies over vocal objections by Congress, interest groups, and the bureaucracy. Throughout U.S. history, going back to the Louisiana Purchase and the Emancipation Proclamation, presidents have set landmark policies on their own. More recently, Roosevelt interned Japanese Americans during World War II, Kennedy established the Peace Corps, Johnson got affirmative action underway, Reagan greatly expanded the president's powers of regulatory review, and Clinton extended protections to millions of acres of public lands. Since September 11, Bush has created a new cabinet post and constructed a parallel judicial system to try suspected terrorists. Howell not only presents numerous new empirical findings but goes well beyond the theoretical scope of previous studies. Drawing richly on game theory and the new institutionalism, he examines the political conditions under which presidents can change policy without congressional or judicial consent. Clearly written, Power without Persuasion asserts a compelling new formulation of presidential power, one whose implications will resound.

The Powers Of War And Peace

Author: John Yoo
Publisher: University of Chicago Press
ISBN: 0226960331
Size: 24.11 MB
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Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history. Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency. “Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration’s claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New York Times “Yoo’s theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review

The Fbi And Religion

Author: Sylvester A. Johnson
Publisher: Univ of California Press
ISBN: 0520962427
Size: 73.93 MB
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The Federal Bureau of Investigation has had a long and tortuous relationship with religion over almost the entirety of its existence. As early as 1917, the Bureau began to target religious communities and groups it believed were hotbeds of anti-American politics. Whether these religious communities were pacifist groups that opposed American wars, or religious groups that advocated for white supremacy or direct conflict with the FBI, the Bureau has infiltrated and surveilled religious communities that run the gamut of American religious life. The FBI and Religion recounts this fraught and fascinating history, focusing on key moments in the Bureau’s history. Starting from the beginnings of the FBI before World War I, moving through the Civil Rights Movement and the Cold War, up to 9/11 and today, this book tackles questions essential to understanding not only the history of law enforcement and religion, but also the future of religious liberty in America.