Author : Joseph Margulies
Publisher : Simon and Schuster
Page : 354 pages
File Size : 31,4 MB
Release : 2007-07-03
Category : Political Science
ISBN : 0743286863
Weaving together firsthand accounts of military personnel who witnessed the interrogations with the words of the prisoners themselves, Margulies exposes the chilling reality of Guantanamo Bay.
Author : John Hickman
Publisher : University Press of Florida
Page : 308 pages
File Size : 34,57 MB
Release : 2013-05-14
Category : Political Science
ISBN : 0813047196
In the aftermath of 9/11, few questioned the political narrative provided by the White House about Guantánamo and the steady stream of prisoners delivered there from half a world away. The Bush administration gave various rationales for the detention of the prisoners captured in the War on Terror: they represented extraordinary threats to the American people, possessed valuable enemy intelligence, and were awaiting prosecution for terrorism or war crimes. Both explicitly and implicitly, journalists, pundits, lawyers, academics, and even released prisoners who authored books about the island prison endorsed elements of the official narrative. In Selling Guantánamo, John Hickman exposes the holes in this manufactured story. He shines a spotlight on the critical actors, including Rumsfeld, Cheney, and President Bush himself, and examines how the facts belie the “official” accounts. He chastises the apologists and the critics of the administration, arguing that both failed to see the forest for the trees.
Author : Jonathan Hafetz
Publisher : NYU Press
Page : 334 pages
File Size : 20,52 MB
Release : 2012-08-20
Category : Political Science
ISBN : 081472440X
Examines the rise of an American-run global detention system, including Guantâanamo Bay, Bagram Air Base in Afghanistan, and secret CIA jails, and discusses efforts that are being made to challenge this new prison system through habeas corpus.
Author : Louis Fisher
Publisher :
Page : 344 pages
File Size : 41,69 MB
Release : 2004
Category : Law
ISBN :
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.
Author : Jack Goldsmith
Publisher : W. W. Norton & Company
Page : 337 pages
File Size : 44,61 MB
Release : 2012-03-12
Category : Political Science
ISBN : 0393083519
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.
Author : Louis Fisher
Publisher : University Press of Kansas
Page : 350 pages
File Size : 11,98 MB
Release : 2017-07-14
Category : Political Science
ISBN : 0700624678
In the fourth of the Federalist Papers, published in 1787, John Jay warned of absolute monarchs who "will often make war when their nations are to get nothing by it." More than two centuries later, are single executives making unilateral decisions any more trustworthy? And have the checks on executive power, so critical in the Founders' drafting of the Constitution, held? These are the questions Louis Fisher pursues in this book. By examining the executive actions of American presidents, particularly after World War II, Fisher reveals how the Supreme Court, through errors and abdications, has expanded presidential power in external affairs beyond constitutional boundaries—and damaged the nation's system of checks and balances. Supreme Court Expansion of Presidential Power reviews the judicial record from 1789 to the present day to show how the balance of power has shifted over time. For nearly a century and a half, the Supreme Court did not indicate a preference for which of the two elected branches should dominate in the field of external affairs. But from the mid-thirties a pattern clearly emerges, with the Court regularly supporting independent presidential power in times of "emergency," or issues linked to national security. The damage this has done to democracy and constitutional government is profound, Fisher argues. His evidence extends beyond external affairs to issues of domestic policy, such as impoundment of funds, legislative vetoes, item-veto authority, presidential immunity in the Paula Jones case, recess appointments, and the Obama administration's immigration initiatives. Fisher identifies contemporary biases that have led to an increase in presidential power—including Supreme Court misconceptions and errors, academic failings, and mistaken beliefs about "inherent powers" and "unity of office." Calling to account the forces tasked with protecting our democracy from the undue exercise of power by any single executive, his deeply informed book sounds a compelling alarm.
Author : John Yoo
Publisher : Macmillan + ORM
Page : 222 pages
File Size : 17,23 MB
Release : 2020-07-28
Category : Political Science
ISBN : 125026961X
In Defender in Chief, celebrated constitutional scholar John Yoo makes a provocative case against Donald Trump's alleged disruption of constitutional rules and norms. Donald Trump isn't shredding the Constitution—he's its greatest defender. Ask any liberal—and many moderate conservatives—and they'll tell you that Donald Trump is a threat to the rule of law and the U.S. Constitution. Mainstream media outlets have reported fresh examples of alleged executive overreach or authoritarian White House decisions nearly every day of his presidency. In the 2020 primaries, the candidates have rushed to accuse Trump of destroying our democracy and jeopardizing our nation's very existence. Yoo argues that this charge has things exactly backwards. Far from considering Trump an inherent threat to our nation's founding principles, Yoo convincingly argues that Washington, Jefferson, Madison and Hamilton would have seen Trump as returning to their vision of presidential power, even at his most controversial. It is instead liberal opponents who would overthrow existing constitutional understanding in order to unseat Trump, but in getting their man would inflict permanent damage on the office of the presidency, the most important office in our constitutional system and the world. This provocative and engaging work is a compelling defense of an embattled president's ideas and actions.
Author : Chris Edelson
Publisher : University of Wisconsin Pres
Page : 250 pages
File Size : 14,36 MB
Release : 2016-05-11
Category : Biography & Autobiography
ISBN : 0299307409
As a presidential candidate, Barack Obama criticized the George W. Bush administration for its unrestrained actions in matters of national security. In secret Justice Department memos, President Bush’s officials had claimed for the executive branch total authority to use military force in response to threats of terrorism. They set aside laws made by Congress, even criminal laws prohibiting torture and warrantless surveillance. Candidate Obama promised to restore the rule of law and make a clean break with the Bush approach. President Obama has not done so. Why? In a thorough comparison of the Bush and Obama administrations’ national security policies, Chris Edelson demonstrates that President Obama and his officials have used softer rhetoric and toned-down legal arguments, but in key areas—military action, surveillance, and state secrets—they have simply found new ways to assert power without meaningful constitutional or statutory constraints. Edelson contends that this legacy of the two immediately post-9/11 presidencies raises crucial questions for future presidents, Congress, the courts, and American citizens. Where is the political will to restore a balance of powers among branches of government and adherence to the rule of law? What are the limits of authority regarding presidential national security power? Have national security concerns created a permanent shift to unconstrained presidential power?
Author : Chris Edelson
Publisher : University of Wisconsin Pres
Page : 376 pages
File Size : 24,47 MB
Release : 2013-12-19
Category : History
ISBN : 0299295338
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
Author : D. Wheeler
Publisher : Springer
Page : 217 pages
File Size : 45,40 MB
Release : 2016-04-30
Category : Political Science
ISBN : 0230614736
This book examines how Supreme Court detainee cases have been implemented, with emphasis on the role of the president, concluding that an active executive branch has the ability to shape the manner in which judicial decisions are implemented and exploring why presidents have more influence than Congress and the courts.
