Emergency Presidential Power

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Emergency Presidential Power

Author : Chris Edelson
Publisher : University of Wisconsin Pres
ISBN 13 : 0299295338
Total Pages : 376 pages
Book Rating : 4.2/5 (992 download)

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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

Presidential War Power

Author : Louis Fisher
Publisher :
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.3/5 (91 download)

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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.

Power Without Constraint

Author : Chris Edelson
Publisher : University of Wisconsin Pres
ISBN 13 : 0299307409
Total Pages : 250 pages
Book Rating : 4.2/5 (993 download)

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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.

Emergency Presidential Power

Author : Chris Edelson
Publisher : University of Wisconsin Press
ISBN 13 : 9780299295349
Total Pages : 336 pages
Book Rating : 4.2/5 (953 download)

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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 Press. This book was released on 2013 with total page 336 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.

Constitutional Conflicts between Congress and the President

Author : Louis Fisher
Publisher : University Press of Kansas
ISBN 13 : 0700619984
Total Pages : 384 pages
Book Rating : 4.7/5 (6 download)

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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

The President and Immigration Law

Author : Adam B. Cox
Publisher : Oxford University Press
ISBN 13 : 0190694386
Total Pages : 361 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The President and Immigration Law by : Adam B. Cox

Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Overcoming Necessity

Author : Thomas P. Crocker
Publisher : Yale University Press
ISBN 13 : 0300181612
Total Pages : 345 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Overcoming Necessity by : Thomas P. Crocker

Download or read book Overcoming Necessity written by Thomas P. Crocker and published by Yale University Press. This book was released on 2020-07-14 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: An argument for why emergencies are no excuse for extralegal action by presidents Using emergency as a cause for action ultimately leads to an almost unnoticed evolution in the political understanding of presidential powers. The Constitution, however, was designed to function under "states of exception," most notably through the separation of powers, and provides ample internal checks on emergency actions taken under claims of necessity. Thomas Crocker urges Congress, the courts, and other bodies to put those checks into practice.

Emergency Powers in Theory and Practice

Author : Michael Head
Publisher : Taylor & Francis
ISBN 13 : 1134795297
Total Pages : 256 pages
Book Rating : 4.1/5 (347 download)

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Book Synopsis Emergency Powers in Theory and Practice by : Michael Head

Download or read book Emergency Powers in Theory and Practice written by Michael Head and published by Taylor & Francis. This book was released on 2017-05-15 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why have the early years of the 21st century seen increasing use of emergency-type powers or claims of supra-legal executive authority, particularly by the Western countries regarded as the world's leading democracies, notably the United States? This book examines the extraordinary range of executive and prerogative powers, emergency legislation, martial law provisos and indemnities in countries with English-derived legal systems, primarily the UK, the US and Australia. The author challenges attempts by legal and academic theorists to relativise, rationalise, legitimise or propose supposedly safe limits for the use of emergency powers, especially since the September 2001 terrorist attacks. This volume also considers why the reputation of Carl Schmitt, the best-known champion of 'exceptional' dictatorial powers during the post-1919 Weimer Republic in Germany, and who later enthusiastically served and sanctified the Nazi dictatorship, is being rehabilitated, and examines why his totalitarian doctrines are thought to be of relevance to modern society. This diverse book will be of importance to politicians, the media, the legal profession, as well as academics and students of law, humanities and politics.

Outside the Law

Author : Clement Fatovic
Publisher : JHU Press
ISBN 13 : 0801893623
Total Pages : 363 pages
Book Rating : 4.8/5 (18 download)

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Book Synopsis Outside the Law by : Clement Fatovic

Download or read book Outside the Law written by Clement Fatovic and published by JHU Press. This book was released on 2009-09-30 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: The origins of presidential claims to extraconstitutional powers during national crises are contentious points of debate among constitutional and legal scholars. The Constitution is silent on the matter, yet from Abraham Lincoln's suspension of habeas corpus during the Civil War to George W. Bush's creation of the "enemy combatants" label, a number of presidents have invoked emergency executive power in defense of actions not specifically endorsed in the Constitution or granted by Congress. Taking up the debate, Clement Fatovic digs into the intellectual history of the nation's founding to argue that the originators of liberal constitutional theory explicitly endorsed the use of extraordinary, extralegal measures to deal with genuine national emergencies. He traces the evolution of thought on the matter through the writings of John Locke, David Hume, William Blackstone, and the founding fathers, finding in them stated support for what Locke termed "prerogative," tempered by a carefully construed concept of public-oriented virtues. Fatovic maintains that the founders believed that moral character and republican decency would restrain the president from abusing this grant of enhanced authority and ensure that it remained temporary. This engaging, carefully considered survey of the conceptions of executive power in constitutional thought explains how liberalism's founders attempted to reconcile the principles of constitutional government with the fact that some circumstances would demand that an executive take normally proscribed actions. Scholars of liberalism, the American founding, and the American presidency will find Fatovic's reasoned arguments against the conventional wisdom enlightening. -- Ernest B. Abbott

Truman and the Steel Seizure Case

Author : Maeva Marcus
Publisher : Duke University Press
ISBN 13 : 9780822314172
Total Pages : 422 pages
Book Rating : 4.3/5 (141 download)

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Book Synopsis Truman and the Steel Seizure Case by : Maeva Marcus

Download or read book Truman and the Steel Seizure Case written by Maeva Marcus and published by Duke University Press. This book was released on 1994 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Although there have been some other articles and books on the "Youngstown" case, this book remains definitive. The author handles a variety of materials exceedingly well, and shows great sensitivity not only to the legal issues involved, but to the political ones as well. It is a model case study."--Melvin I. Urofsky, Virginia Commonwealth University

Declaration of National Emergency by Reason of Certain Terrorist Attacks

Author : United States. President (2001-2009 : Bush)
Publisher :
ISBN 13 :
Total Pages : 8 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Declaration of National Emergency by Reason of Certain Terrorist Attacks by : United States. President (2001-2009 : Bush)

Download or read book Declaration of National Emergency by Reason of Certain Terrorist Attacks written by United States. President (2001-2009 : Bush) and published by . This book was released on 2001 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Power and Constraint

Author : Jack Goldsmith
Publisher : National Geographic Books
ISBN 13 : 0393081338
Total Pages : 0 pages
Book Rating : 4.3/5 (93 download)

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Book Synopsis Power and Constraint by : Jack Goldsmith

Download or read book Power and Constraint written by Jack Goldsmith and published by National Geographic Books. This book was released on 2012-03-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Permanent State of Emergency

Author : Ryan Alford
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773549218
Total Pages : 333 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis Permanent State of Emergency by : Ryan Alford

Download or read book Permanent State of Emergency written by Ryan Alford and published by McGill-Queen's Press - MQUP. This book was released on 2017-06-01 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the attacks of September 11, 2001, the United States launched initiatives that test the limits of international human rights law. The indefinite detention and torture of detainees at Guantánamo Bay, targeted killing, and mass surveillance require an expansion of executive authority that negates the rule of law. In Permanent State of Emergency, Ryan Alford establishes that the ongoing failure to address human rights abuses is a symptom of the most serious constitutional crisis in American history. Instead of curbing the increase in executive power, Congress and the courts facilitated the breakdown of the nation’s constitutional order and set the stage for presidential supremacy. The presidency, Alford argues, is now more than imperial: it is an elective dictatorship. Providing both an overview and a systematic analysis of the new regime, he objectively demonstrates that it does not meet even the minimum requirements of the rule of law. At this critical juncture in American democracy, Permanent State of Emergency alerts the public to the structural transformation of the state and reiterates the importance of the constitutional limits of the American presidency.

The Living Presidency

Author : Saikrishna Bangalore Prakash
Publisher : Harvard University Press
ISBN 13 : 0674245210
Total Pages : 353 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis The Living Presidency by : Saikrishna Bangalore Prakash

Download or read book The Living Presidency written by Saikrishna Bangalore Prakash and published by Harvard University Press. This book was released on 2020-04-21 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: A constitutional originalist sounds the alarm over the presidency’s ever-expanding powers, ascribing them unexpectedly to the liberal embrace of a living Constitution. Liberal scholars and politicians routinely denounce the imperial presidency—a self-aggrandizing executive that has progressively sidelined Congress. Yet the same people invariably extol the virtues of a living Constitution, whose meaning adapts with the times. Saikrishna Bangalore Prakash argues that these stances are fundamentally incompatible. A constitution prone to informal amendment systematically favors the executive and ensures that there are no enduring constraints on executive power. In this careful study, Prakash contends that an originalist interpretation of the Constitution can rein in the “living presidency” legitimated by the living Constitution. No one who reads the Constitution would conclude that presidents may declare war, legislate by fiat, and make treaties without the Senate. Yet presidents do all these things. They get away with it, Prakash argues, because Congress, the courts, and the public routinely excuse these violations. With the passage of time, these transgressions are treated as informal constitutional amendments. The result is an executive increasingly liberated from the Constitution. The solution is originalism. Though often associated with conservative goals, originalism in Prakash’s argument should appeal to Republicans and Democrats alike, as almost all Americans decry the presidency’s stunning expansion. The Living Presidency proposes a baker’s dozen of reforms, all of which could be enacted if only Congress asserted its lawful authority.

Presidential Power and Accountability

Author : Bruce Buchanan
Publisher :
ISBN 13 : 9780415536554
Total Pages : 0 pages
Book Rating : 4.5/5 (365 download)

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Book Synopsis Presidential Power and Accountability by : Bruce Buchanan

Download or read book Presidential Power and Accountability written by Bruce Buchanan and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many analysts now believe that the growth of presidential war power relative to Congress is irreversible. This book was written to contest that view. Its purpose is to identify what would be required to restore presidential war power to constitutional specifications while leaving the president powerful enough to do what is truly necessary in the face of any emergency. Buchanan focuses mainly on diagnosing the origins of the problem and devising practical ways to work toward restoration of the constitutional balance of power between Congress and the president. The work begins by showing the lack of clear, widely shared standards whose enforcement is needed to sustain the balance of power and draws on the thinking of the founders and political theorists to crystallize such standards. Next it details how, in the absence of standards, agents such as Congress and the Supreme Court with formal influence on presidents and informal agents such as media and public opinion have unwittingly enabled unnecessary power expansion, such as the presidential 'wars of choice'. Of course change of this magnitude cannot be expected to happen quickly. Remedies necessarily involve a reform architecture intended to unfold gradually, with the first step being simply to start a focused conversation (another purpose of this book). Buchanan moves toward specific remedies by identifying the structure and strategy for a new think tank designed to nudge the political system toward the kind of change the book recommends. Lastly, the book shows how a fictional policy trial could take a practical step toward in rebalancing the war power. This is a crucial examination of presidential power and the U.S. separation of powers system, with a focused effort on making a course correction toward the kind of power sharing envisioned in the Constitution.

Shall We Wake the President?

Author : Tevi Troy
Publisher : Rowman & Littlefield
ISBN 13 : 1493024655
Total Pages : 264 pages
Book Rating : 4.4/5 (93 download)

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Book Synopsis Shall We Wake the President? by : Tevi Troy

Download or read book Shall We Wake the President? written by Tevi Troy and published by Rowman & Littlefield. This book was released on 2016-09-01 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of presidential dealings with disasters shows that whatever their ideology, presidents need to be prepared to deal with unexpected crises. In recent years, the expectations have grown as the disasters seem to appear to be coming more frequently. Since 2001, numerous unpredictable crises, including terror attacks, massive storms, and an economic collapse, have shaken Americans to their core. It seems as if technology, for all of its beneficences, also provides mankind with increasingly powerful ways to wreak destruction, including nuclear explosions, bioterror attacks, and cyber-attacks. In addition, instantaneous and incessant communications technologies send us word of disasters taking place anywhere in the nation far more rapidly, giving disasters an immediacy that some may have lacked in the past. In 21st century America, the eyes of the American people look to the president to lead the response to whatever disasters happen to strike. President Obama and his team learned this and were taken aback by the sheer number of crises that a president needed to deal with, including swine flu, BP’s Macondo oil spill, and the Somali pirates who attacked an American ship. Many of these did not quite reach disaster status, but Obama’s reaction to the constant stream of crises was both revealing and unnerving: “Who thought we were going to have to deal with pirates?” In Shall We Wake the President?, Tevi Troy, a presidential historian and former senior White House aide and deputy secretary of the Department of Health & Human Services, looks at the evolving role of the president in dealing with disasters, and looks at how our presidents have handled disasters throughout our history. He also looks at the likelihood of similar disasters befalling modern America, and details how smart policies today can help us avoid future crises, or can best react to them should they occur. In addition, he provides information on what individuals can do to prepare for disasters. This book includes sections on how American presidents have dealt with a variety of disasters, including health crises, terror attacks, economic upheaval, bioterror and cyber-attacks, natural disasters, and civil breakdown. In doing so, Shall We Wake the President? will provide lessons from presidents of the past that will inform policy strategies for presidents of the future.

Presidential Power

Author : John P. Burke
Publisher : Routledge
ISBN 13 : 0429972903
Total Pages : 272 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Presidential Power by : John P. Burke

Download or read book Presidential Power written by John P. Burke and published by Routledge. This book was released on 2018-05-04 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presidential power is perhaps one of the most central issues in the study of the American presidency. Since Richard E. Neustadt's classic study, first published in 1960, there has not been a book that thoroughly examines the issue of presidential power. Presidential Power: Theories and Dilemmas by noted scholar John P. Burke provides an updated and comprehensive look at the issues, constraints, and exercise of presidential power. This book considers the enduring question of how presidents can effectively exercise power within our system of shared powers by examining major tools and theories of presidential power, including Neustadt's theory of persuasion and bargaining as power, constitutional and inherent powers, Samuel Kernell's theory of going public, models of historical time, and the notion of internal time. Using illustrative examples from historical and contemporary presidencies, Burke helps students and scholars better understand how presidents can manage the public's expectations, navigate presidential-congressional relations, and exercise influence in order to achieve their policy goals.