Power and Constraint: The Accountable Presidency After 9/11


Book Description

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.




Power Without Constraint


Book Description

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?




Power and Constraint


Book Description

A former member of the Bush administration discusses the expansion of presidential authority in the past two decades and describes why he feels this increase in power has also been met with an increase in accountability.




Structures of Power and Constraint


Book Description

This book discusses the question: are social structures products of human action, expressions of individual or group power?




The Language of Business Meetings


Book Description

This book presents a corpus-based study of the language used in business meetings.




The President and Immigration Law


Book Description

Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.




Democracy's Blameless Leaders


Book Description

From the American and British counter-insurgency in Iraq to the bombing of Dresden and the Amristar Massacre in India, civilians are often abused and killed when they are caught in the cross-fire of wars and other conflicts. In Democracy’s Blameless Leaders, Neil Mitchell examines how leaders in democracies manage the blame for the abuse and the killing of civilians, arguing that politicians are likely to react in a self-interested and opportunistic way and seek to deny and evade accountability. Using empirical evidence from well-known cases of abuse and atrocity committed by the security forces of established, liberal democracies, Mitchell shows that self-interested political leaders will attempt to evade accountability for abuse and atrocity, using a range of well-known techniques including denial, delay, diversion, and delegation to pass blame for abuse and atrocities to the lowest plausible level. Mitchell argues that, despite the conventional wisdom that accountability is a ‘central feature’ of democracies, it is only a rare and courageous leader who acts differently, exposing the limits of accountability in democratic societies. As democracies remain embroiled in armed conflicts, and continue to try to come to grips with past atrocities, Democracy’s Blameless Leaders provides a timely analysis of why these events occur, why leaders behave as they do, and how a more accountable system might be developed.




War and Democratic Constraint


Book Description

Why do some democracies reflect their citizens' foreign policy preferences better than others? What roles do the media, political parties, and the electoral system play in a democracy's decision to join or avoid a war? War and Democratic Constraint shows that the key to how a government determines foreign policy rests on the transmission and availability of information. Citizens successfully hold their democratic governments accountable and a distinctive foreign policy emerges when two vital institutions—a diverse and independent political opposition and a robust media—are present to make timely information accessible. Matthew Baum and Philip Potter demonstrate that there must first be a politically potent opposition that can blow the whistle when a leader missteps. This counteracts leaders' incentives to obscure and misrepresent. Second, healthy media institutions must be in place and widely accessible in order to relay information from whistle-blowers to the public. Baum and Potter explore this communication mechanism during three different phases of international conflicts: when states initiate wars, when they respond to challenges from other states, or when they join preexisting groups of actors engaged in conflicts. Examining recent wars, including those in Afghanistan and Iraq, War and Democratic Constraint links domestic politics and mass media to international relations in a brand-new way.




A Beautiful Constraint


Book Description

An inspiring yet practical guide for transforming limitations into opportunities A Beautiful Constraint: How to Transform Your Limitations Into Advantages And Why It's Everyone's Business Now is a book about everyday, practical inventiveness, designed for the constrained times in which we live. It describes how to take the kinds of issues that all of us face today—lack of time, money, resources, attention, know-how—and see in them the opportunity for transformation of oneself and one's organization's fortunes. The ideas in the book are based on the authors' extensive work as business consultants, and are brought to life in 35 personal interviews from such varied sources as Nike, IKEA, Unilever, the U.S. Navy, Formula One racecar engineers, public school teachers in California, and barley farmers in South Africa. Underpinned by scientific research into the psychology of breakthrough, the book is a practical handbook full of tools and tips for how to make more from less. Beautifully designed and accessible, A Beautiful Constraint will appeal beyond its core business audience to anyone who needs to find the opportunity in constraint. The book takes the reader on a journey through the mindset, method and motivation required to move from the initial "victim" stage into the transformation stage. It challenges us to: Examine how we've become path dependent—stuck with routines that blind us from seeing opportunity along new paths Ask Propelling Questions to help us break free of those paths and put the most pressing and valuable constraints at the heart of our process Adopt a Can If mentality to answer these questions—focused on "how," not "if" Access the abundance to be found all around us to help transform constraints Activate the high-octane mix of emotions necessary to fuel the tenacity required for success We live in a world of seemingly ever-increasing constraints, driven as much by an overabundance of choices and connections as by a scarcity of time and resources. How we respond to these constraints is one of the most important issues of our time and will be a large determinant of our progress as people, businesses and planet, in the future. A Beautiful Constraint calls for a more widespread capability for constraint-driven problem solving and provides the framework to achieve that.




Terror in the Balance


Book Description

In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.