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American Presidential Power And The War On Terror Does The Constitution Matter
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Book Synopsis American Presidential Power and the War on Terror: Does the Constitution Matter? by : Justin DePlato
Download or read book American Presidential Power and the War on Terror: Does the Constitution Matter? written by Justin DePlato and published by Springer. This book was released on 2015-09-01 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The War Power in an Age of Terrorism by : Michael A. Genovese
Download or read book The War Power in an Age of Terrorism written by Michael A. Genovese and published by Springer. This book was released on 2016-12-22 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?
Book Synopsis Emergency Presidential Power by : Chris Edelson
Download or read book Emergency Presidential Power written by Chris Edelson and published by University of Wisconsin Pres. This book was released on 2013-12-19 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Bush, the Detainees, and the Constitution by : Howard Ball
Download or read book Bush, the Detainees, and the Constitution written by Howard Ball and published by . This book was released on 2007 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Military Tribunals and Presidential Power by : Louis Fisher
Download or read book Military Tribunals and Presidential Power written by Louis Fisher and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Shows that the breadth of presidential power in time of war comes at the cost of legislative and judicial control--and that military tribunals represent a concentration of power in the executive branch that the United States would be quick to condemn in other countries. Although the use of military tribunals can be necessary and even effective in times of war, Fisher contends that these courts present a grave danger to open government and the separation of powers. Citing the constitutional provision vesting Congress with the authority to create tribunals, Fisher addresses the threats posed by the dramatic expansion of presidential power in time of war--and the meek efforts of Congress and the judiciary to curb it. Fisher cuts to the bone of today's controversies and sounds an alarm for maintaining the checks and balances we value as a nation." --Descripción del editor.
Book Synopsis The Powers of War and Peace by : John Yoo
Download or read book The Powers of War and Peace written by John Yoo and published by University of Chicago Press. This book was released on 2008-09-15 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Long Wars and the Constitution by : Stephen M. Griffin
Download or read book Long Wars and the Constitution written by Stephen M. Griffin and published by Harvard University Press. This book was released on 2013-06-10 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a wide-ranging constitutional history of presidential war decisions from 1945 to the present, Stephen M. Griffin rethinks the long-running debate over the “imperial presidency” and concludes that the eighteenth-century Constitution is inadequate to the challenges of a post-9/11 world. The Constitution requires the consent of Congress before the United States can go to war. Truman’s decision to fight in Korea without gaining that consent was unconstitutional, says Griffin, but the acquiescence of Congress and the American people created a precedent for presidents to claim autonomy in this arena ever since. The unthinking extension of presidential leadership in foreign affairs to a point where presidents unilaterally decide when to go to war, Griffin argues, has destabilized our constitutional order and deranged our foreign policy. Long Wars and the Constitution demonstrates the unexpected connections between presidential war power and the constitutional crises that have plagued American politics. Contemporary presidents are caught in a dilemma. On the one hand are the responsibilities handed over to them by a dangerous world, and on the other is an incapacity for sound decisionmaking in the absence of interbranch deliberation. President Obama’s continuation of many Bush administration policies in the long war against terrorism is only the latest in a chain of difficulties resulting from the imbalances introduced by the post-1945 constitutional order. Griffin argues for beginning a cycle of accountability in which Congress would play a meaningful role in decisions for war, while recognizing the realities of twenty-first century diplomacy.
Book Synopsis Power Without Constraint by : Chris Edelson
Download or read book Power Without Constraint written by Chris Edelson and published by University of Wisconsin Pres. This book was released on 2016-05-11 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Federalism, and Property Rights Publisher : ISBN 13 : Total Pages :114 pages Book Rating :4.F/5 ( download)
Book Synopsis Applying the War Powers Resolution to the War on Terrorism by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Federalism, and Property Rights
Download or read book Applying the War Powers Resolution to the War on Terrorism written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Federalism, and Property Rights and published by . This book was released on 2003 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Case for Congress by : Victor M. Hansen
Download or read book The Case for Congress written by Victor M. Hansen and published by Routledge. This book was released on 2016-12-05 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Case for Congress: Separation of Powers and the War on Terror examines the constitutional relationship between Congress and the President in the post-September 11 world, arguing that Congress should exercise its legitimate authority in guiding United States policy. While many commentators have focused on the extent of the President's national security and foreign affairs authority, both domestically and abroad, this title focuses on the constitutional authority of Congress to serve as a check on executive power. As a national consensus has developed around the notion that the Bush administration made grave errors in its policy decisions, a reminder of the leading role that Congress can play in those decisions is particularly appropriate. Unlike scholarly work devoted either to detailing or criticizing the Bush administration's policy decisions, this accessible and balanced book focuses on the policies themselves, and on the way in which Congress can influence those policies for the better. The authors further offer specific and useful recommendations for legislative measures that may correct existing policy deficiencies and promote sounder decision-making in the area of national security and foreign affairs.
Download or read book War Powers written by Peter Irons and published by Macmillan. This book was released on 2006-05-02 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines a fundamental question in the development of the American empire: What constraints does the Constitution place on our territorial expansion, military intervention, occupation of foreign countries, and on the power the president may exercise over American foreign policy? Worried about the dangers of unchecked executive power, the Founding Fathers deliberately assigned Congress the sole authority to make war. But the last time Congress declared war was on December 8, 1941, after the Japanese attack on Pearl Harbor. Since then, every president from Harry Truman to George W. Bush has used military force in pursuit of imperial objectives, while Congress and the Supreme Court have virtually abdicated their responsibilities to check presidential power. Legal historian Irons recounts this story of subversion from above, tracing presidents' increasing willingness to ignore congressional authority and even suspend civil liberties.--From publisher description.
Book Synopsis The Constitution and 9/11 by : Louis Fisher
Download or read book The Constitution and 9/11 written by Louis Fisher and published by . This book was released on 2008 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Constitution and 9/11 provides a comprehensive, striking, and disturbing analysis of executive misuse of power that is made all the more compelling by placing it in a rich and fascinating historical contest. No better book is available for placing post-9/11 government actions in the matrix of history and explaining how executive power has degraded the Constitution and citizen rights."--William G. Weaver--Back cover.
Book Synopsis Presidential War Power by : Louis Fisher
Download or read book Presidential War Power written by Louis Fisher and published by . This book was released on 2004 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Constitutional Conflicts between Congress and the President by : Louis Fisher
Download or read book Constitutional Conflicts between Congress and the President written by Louis Fisher and published by University Press of Kansas. This book was released on 2014-08-19 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis The Constitution in Peril: the Perpetual Growth of the Imperial Presidency During Wartime and the Subversion of Constitutional Checks and Balances by : Steven Morris
Download or read book The Constitution in Peril: the Perpetual Growth of the Imperial Presidency During Wartime and the Subversion of Constitutional Checks and Balances written by Steven Morris and published by Lulu.com. This book was released on 2009-08-22 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis examines the exponential increase in the power of the presidency during wartime from the time of the Founding Fathers up until the beginning of the Obama administration. It focuses on the ways in which our Nation's wartime presidents have marginalized the role of Congress and the judiciary during foreign conflicts. The first half of this work analyzes the actions of wartime presidents from a historical context, which is supplemented in the second half by an in-depth comparative discussion of the actions taken by the Bush administration during the War on Terror. This work concludes by recommending detailed courses of action to be pursued by future presidents in order to restore the fundamental maxim of checks and balances.
Book Synopsis Presidential Power by : Brian M. Harward
Download or read book Presidential Power written by Brian M. Harward and published by Bloomsbury Publishing USA. This book was released on 2016-03-07 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume uses essential and illuminating primary documents as a portal for understanding the evolution and present parameters of presidential power, the relationship between America's three branches of government, and why wartime often leads presidents to claim expansive powers and authority. Presidential Power: Documents Decoded provides a thorough examination of the historical and political context of key, critical moments in constitutional history and presidential power that makes possible opportunities for students to explore American politics in an interesting, memorable, and dynamic way. Each of the case studies reveals important dimensions of the constitutional order in the United States—and enables readers to better grasp how executive power has shifted and expanded. The book takes specific events, people, institutions, or ideas and places them in a broader context so that readers can observe patterns and make connections among seemingly disparate happenings and concepts relating to executive power. Accompanied by explanatory sidebars, the included primary sources let students examine actual documentary evidence of key elements of executive power—for example, the presidential memorandum, the National Security cable, and the prisoner's petition—and reach their own judgment of the implications of that document for the American political system.
Book Synopsis The President, Congress, and the Constitution by : Christopher H. Pyle
Download or read book The President, Congress, and the Constitution written by Christopher H. Pyle and published by Simon and Schuster. This book was released on 1984 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines constitutional principles and their effects.
