American Presidential Power And The War On Terror Does The Constitution Matter
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American Presidential Power And The War On Terror Does The Constitution Matter
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Author : Justin DePlato
language : en
Publisher: Springer
Release Date : 2015-09-01
American Presidential Power And The War On Terror Does The Constitution Matter written by Justin DePlato and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-01 with Political Science categories.
This book examines the use of presidential power during the War on Terror. Justin DePlato joins the debate on whether the Constitution matters in determining how each branch of the federal government should use its power to combat the War on Terror. The actions and words of Presidents George W. Bush and Barack Obama are examined. DePlato's findings support the theory that executives use their own prerogative in determining what emergency powers are and how to use them. According to DePlato, the Presidents argue that their powers are implied in Article II of the Constitution, not expressed. This conclusion renders the Constitution meaningless in times of crisis. The author reveals that Presidents are becoming increasingly cavalier and that the nation should consider adopting an amendment to the Constitution to proffer expressed executive emergency powers.
The War Power In An Age Of Terrorism
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Author : Michael A. Genovese
language : en
Publisher: Springer
Release Date : 2016-12-22
The War Power In An Age Of Terrorism written by Michael A. Genovese and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-22 with Political Science categories.
This book features a lively debate between two prominent scholars—Michael A. Genovese and David Gray Adler—on the critical issue of whether the Constitution, written in the 18th Century, remains adequate to the national security challenges of our time. The question of the scope of the president’s constitutional authority—if any—to initiate war on behalf of the American people, long the subject of heated debate in the corridors of power and the groves of academe, has become an issue of surpassing importance for a nation confronted by existential threats in an Age of Terrorism. This question should be thoroughly reviewed and debated by members of Congress, and considered by all Americans before they are asked to go to war. If the constitutional allocation of powers on matters of war and peace is outdated, what changes should be made? Is there a need to increase presidential power? What role should Congress play in the war on terror?
Bush The Detainees And The Constitution
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Author : Howard Ball
language : en
Publisher:
Release Date : 2007
Bush The Detainees And The Constitution written by Howard Ball and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Biography & Autobiography categories.
Focuses on the recent "Enemy Combatant Cases" to provide a stern critique of the legal and constitutional basis for the enormous expansion of presidential power during the Bush administration's "War on Terror," and the challenges (especially in the Supreme Court) that such expansion has inspired.
Emergency Presidential Power
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Author : Chris Edelson
language : en
Publisher: University of Wisconsin Pres
Release Date : 2013-12-19
Emergency Presidential Power written by Chris Edelson and has been published by University of Wisconsin Pres this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-19 with History categories.
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 Without Constraint
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Author : Chris Edelson
language : en
Publisher: University of Wisconsin Pres
Release Date : 2016-05-11
Power Without Constraint written by Chris Edelson and has been published by University of Wisconsin Pres this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-11 with History categories.
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.
The Powers Of War And Peace
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Author : John Yoo
language : en
Publisher: University of Chicago Press
Release Date : 2008-09-15
The Powers Of War And Peace written by John Yoo and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-15 with Political Science categories.
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
Military Tribunals And Presidential Power
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Author : Louis Fisher
language : en
Publisher:
Release Date : 2005
Military Tribunals And Presidential Power written by Louis Fisher and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with History categories.
Offers coverage of wartime extra-legal courts. Focusing on those periods when the Constitution and civil liberties have been most severely tested by threats to national security, Fisher critiques tribunals called during the presidencies of Washington, Madison, Jackson, Lincoln, Andrew Johnson, Wilson, Franklin Roosevelt, and Truman.
Constitutional Conflicts Between Congress And The President
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Author : Louis Fisher
language : en
Publisher: University Press of Kansas
Release Date : 2014-08-19
Constitutional Conflicts Between Congress And The President written by Louis Fisher and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-19 with Political Science categories.
Over 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 sixth 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. By analyzing a mixture of judicial pronouncements, executive acts, and legislative debates, Fisher pinpoints the critical areas of legislative-executive tension: appointment powers, investigatory powers, legislative and executive vetoes, the budgetary process, and war powers. He then examines these areas of tension within a concrete political and historical context. 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. The new edition covers for the first time: * Obama’s military decisions in Afghanistan and Iraq * Military operations against Libya in 2011 * Threatened attacks on Syria in 2013 * Efforts to close Guantánamo * Obama’s recess appointments during a pro forma session * “Fast and Furious” scandal: Holder’s contempt and Obama’s executive privilege * The growth of presidential “czars” * Executive branch secrecy and lack of accountability * State Secrets Privilege after 9/11 * Distinguishing between “implied” powers (constitutional) and “inherent” powers (not constitutional) * Pocket vetoes and the growth of “hybrid vetoes” * New developments in the President’s removal power
Presidential War Power
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Author : Louis Fisher
language : en
Publisher:
Release Date : 2004
Presidential War Power written by Louis Fisher and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
For this new edition, Louis Fisher has updated his arguments to include critiques of the Clinton & Bush presidencies, particularly the Use of Force Act, the Iraq Resolution of 2002, the 'preemption doctrine' of the current U.S. administration, & the order authorizing military tribunals.
Presidential Power
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Author : Richard E. Neustadt
language : en
Publisher: Signet Book
Release Date : 1960
Presidential Power written by Richard E. Neustadt and has been published by Signet Book this book supported file pdf, txt, epub, kindle and other format this book has been release on 1960 with Presidents categories.