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Power Without Constraint

Author : Chris Edelson

Publisher : University of Wisconsin Pres

Page : 250 pages

File Size : 45,13 MB

Release : 2016-05-11

Category : Biography & Autobiography

ISBN : 0299307409

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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: The Accountable Presidency After 9/11

Author : Jack Goldsmith

Publisher : W. W. Norton & Company

Page : 337 pages

File Size : 43,23 MB

Release : 2012-03-12

Category : Political Science

ISBN : 0393083519

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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.



The President and Immigration Law

Author : Adam B. Cox

Publisher : Oxford University Press

Page : 361 pages

File Size : 31,78 MB

Release : 2020-08-04

Category : Law

ISBN : 0190694386

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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.



After Trump

Author : Bob Bauer

Publisher : Lawfare Press

Page : 436 pages

File Size : 42,50 MB

Release : 2020-09-15

Category : Executive power

ISBN : 9781735480619

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Book Description

In After Trump: Reconstructing the Presidency, Bob Bauer and Jack Goldsmith provide a comprehensive roadmap for reform of the presidency in the post-Trump era. In fourteen chapters they offer more than fifty concrete proposals concerning presidential conflicts of interest, foreign influence on elections, pardon power abuse, assaults on the press, law enforcement independence, Special Counsel procedures, FBI investigations of presidents and presidential campaigns, the role of the White House Counsel, war powers, control of nuclear weapons, executive branch vacancies, domestic emergency powers, how one administration should examine possible crimes by the president of a prior administration, and more. Each set of reform proposals is preceded by rich descriptions of relevant presidential history, and relevant background law and norms, that place the proposed reforms in context. All of the proposals are prefaced by a chapter that explains how Trump--and, in some cases, his predecessors--conducted the presidency in ways that justify these reforms. After Trump will thus be essential reading for the coming debate on how to reconstruct the laws and norms that constitute and govern the world's most powerful office. It's hard to imagine two better co-authors for the task. Both served in senior executive branch positions-in the administrations of Barack Obama and George W. Bush, respectively-and have written widely on the presidency. Bob Bauer served from 2010-2011 as White House Counsel to President Barack Obama, who in 2013 named Bauer to be Co-Chair of the Presidential Commission on Election Administration. He is a Professor of Practice and Distinguished Scholar in Residence at New York University School of Law, as well as the co-director of its Legislative and Regulatory Process Clinic. Jack Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003. He is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Senior Fellow at the Hoover Institution. Together, in this book, they set the terms for the national discussion to come about the presidency, its powers, and its limits.



While Dangers Gather

Author : William G. Howell

Publisher : Princeton University Press

Page : 360 pages

File Size : 26,76 MB

Release : 2011-06-27

Category : Political Science

ISBN : 140084083X

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Book Description

Nearly five hundred times in the past century, American presidents have deployed the nation's military abroad, on missions ranging from embassy evacuations to full-scale wars. The question of whether Congress has effectively limited the president's power to do so has generally met with a resounding "no." In While Dangers Gather, William Howell and Jon Pevehouse reach a very different conclusion. The authors--one an American politics scholar, the other an international relations scholar--provide the most comprehensive and compelling evidence to date on Congress's influence on presidential war powers. Their findings have profound implications for contemporary debates about war, presidential power, and Congress's constitutional obligations. While devoting special attention to the 2003 invasion of Iraq, this book systematically analyzes the last half-century of U.S. military policy. Among its conclusions: Presidents are systematically less likely to exercise military force when their partisan opponents retain control of Congress. The partisan composition of Congress, however, matters most for proposed deployments that are larger in size and directed at less strategically important locales. Moreover, congressional influence is often achieved not through bold legislative action but through public posturing--engaging the media, raising public concerns, and stirring domestic and international doubt about the United States' resolve to see a fight through to the end.





Why America Loses Wars

Author : Donald Stoker

Publisher : Cambridge University Press

Page : 345 pages

File Size : 10,20 MB

Release : 2022-05-26

Category : History

ISBN : 1009220888

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Book Description

How can you achieve victory in war if you don't have a clear idea of your political aims and a vision of what victory means? In this provocative challenge to US political aims and strategy, Donald Stoker argues that America endures endless wars because its leaders no longer know how to think about war, particularly wars fought for limited aims, taking the nation to war without understanding what they want or valuing victory and thus the ending of the war. He reveals how flawed ideas on so-called 'limited war' and war in general evolved against the backdrop of American conflicts in Korea, Vietnam, Iraq, and Afghanistan. These ideas, he shows, undermined America's ability to understand, wage, and win its wars, and to secure peace. Now fully updated to incorporate the American withdrawal from Afghanistan, Why America Loses Wars dismantles seventy years of misguided thinking and lays the foundations for a new approach to the wars of tomorrow.



The Administrative State

Author : Dwight Waldo

Publisher : Routledge

Page : 384 pages

File Size : 25,81 MB

Release : 2017-09-04

Category : Political Science

ISBN : 1351486330

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Book Description

This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.



Constraining Dictatorship

Author : Anne Meng

Publisher : Cambridge University Press

Page : 277 pages

File Size : 12,81 MB

Release : 2020-08-20

Category : History

ISBN : 1108834892

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Book Description

Examining constitutional rules and power-sharing in Africa reveals how some dictatorships become institutionalized, rule-based systems.



Emergency Presidential Power

Author : Chris Edelson

Publisher : University of Wisconsin Pres

Page : 376 pages

File Size : 30,8 MB

Release : 2013-12-19

Category : History

ISBN : 0299295338

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Book Description

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