Presidential Accountability in Wartime

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Publisher : University of Michigan Press
ISBN 13 : 047290390X
Total Pages : 295 pages
Book Rating : 4.4/5 (729 download)

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Book Synopsis Presidential Accountability in Wartime by : Stuart Streichler

Download or read book Presidential Accountability in Wartime written by Stuart Streichler and published by University of Michigan Press. This book was released on 2023-11-16 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American presidency has long tested the capacity of the system of checks and balances to constrain executive power, especially in times of war. While scholars have examined presidents starting military conflicts without congressional authorization or infringing on civil liberties in the name of national security, Stuart Streichler focuses on the conduct of hostilities. Using the treatment of war-on-terror detainees under President George W. Bush as a case study, he integrates international humanitarian law into a constitutional analysis of the repercussions of presidential war powers for human rights around the world. Putting President Bush’s actions in a wider context, Presidential Accountability in Wartime begins with a historical survey of the laws of war, with particular emphasis on the 1949 Geneva Conventions and the Nuremberg Tribunal. Streichler then reconstructs the decision-making process that led to the president’s approval of interrogation methods that violated Geneva’s mandate to treat wartime captives humanely. While taking note of various accountability options—from within the executive branch to the International Criminal Court—the book illustrates the challenge in holding presidents personally responsible for violating the laws of war through an in-depth analysis of the actions taken by Congress, the Supreme Court, and the public in response. In doing so, this book not only raises questions about whether international humanitarian law can moderate wartime presidential behavior but also about the character of the presidency and the American constitutional system of government.

War Powers

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Publisher : Macmillan
ISBN 13 : 9780805080179
Total Pages : 328 pages
Book Rating : 4.0/5 (81 download)

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Book Synopsis War Powers by : Peter Irons

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.

The Politics of War Powers

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Author :
Publisher : University Press of Kansas
ISBN 13 : 0700628738
Total Pages : 328 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis The Politics of War Powers by : Sarah Burns

Download or read book The Politics of War Powers written by Sarah Burns and published by University Press of Kansas. This book was released on 2019-11-15 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution of the United States divides war powers between the executive and legislative branches to guard against ill-advised or unnecessary military action. This division of powers compels both branches to hold each other accountable and work in tandem. And yet, since the Cold War, congressional ambition has waned on this front. Even when Congress does provide initial authorization for larger operations, they do not provide strict parameters or clear end dates. As a result, one president after another has initiated and carried out poorly developed and poorly executed military policy. The Politics of War Powers offers a measured, deeply informed look at how the American constitutional system broke down, how it impacts decision-making today, and how we might find our way out of this unhealthy power division. Sarah Burns starts with a nuanced account of the theoretical and historical development of war powers in the United States. Where discussions of presidential power often lean on the concept of the Lockean Prerogative, Burns locates a more constructive source in Montesquieu. Unlike Locke, Montesquieu combines universal normative prescriptions with an emphasis on tailoring the structure to the unique needs of a society. In doing so, the separation of powers can be customized while maintaining the moderation needed to create a healthy institutional balance. He demonstrates the importance of forcing the branches into dialogue, putting them, as he says, “in a position to resist” each other. Burns’s conclusion—after tracing changes through Franklin Delano Roosevelt’s administration, the Cold War, and the War on Terror—is that presidents now command a dangerous degree of unilateral power. Burns’s work ranges across Montesquieu’s theory, the debate over the creation of the Constitution, historical precedent, and the current crisis. Through her analysis, both a fuller picture of the alterations to the constitutional system and ideas on how to address the resulting imbalance of power emerge.

Power and Constraint: The Accountable Presidency After 9/11

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Author :
Publisher : W. W. Norton & Company
ISBN 13 : 0393083519
Total Pages : 337 pages
Book Rating : 4.3/5 (93 download)

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Book Synopsis Power and Constraint: The Accountable Presidency After 9/11 by : Jack Goldsmith

Download or read book Power and Constraint: The Accountable Presidency After 9/11 written by Jack Goldsmith and published by W. W. Norton & Company. This book was released on 2012-03-12 with total page 337 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.

War and the Rogue Presidency

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Author :
Publisher : Independent Institute
ISBN 13 : 159813325X
Total Pages : 413 pages
Book Rating : 4.5/5 (981 download)

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Book Synopsis War and the Rogue Presidency by : Ivan Eland

Download or read book War and the Rogue Presidency written by Ivan Eland and published by Independent Institute. This book was released on 2018-12-01 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Office of the President of the U.S. isn't what it used to be—it has morphed into an overgrown beast. So says presidential scholar Ivan Eland in his landmark new book War and the Rogue Presidency: Restoring the Republic after Congressional Failure. The presidency no longer simply enforces the laws passed by Congress but literally dominates American political life. Its vast bureaucracy is flush with cash and wields powers never authorized by the Framers. But who do we have to thank for this distortion of the Constitution? Congress. The presidency, says Eland, isn't inherently imperial. It's contingently imperial. Particularly when wars loom and Congress refuses to forestall our engagement in them—with inevitable consequences. But wars also lead to massive domestic government interference. In sum, liberals, conservatives, independents—anybody concerned for personal liberties and good governance—should read this pathbreaking book and grapple with its implications.

War

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Publisher : Oxford University Press
ISBN 13 : 0198810466
Total Pages : 625 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis War by : Andrew Clapham

Download or read book War written by Andrew Clapham and published by Oxford University Press. This book was released on 2021 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an accessible and engaging account of the contemporary laws of war. It highlights how, even though war has been outlawed and should be finished as an institution, states continue to claim that they can wage necessary wars of self-defence, engage in lawful killings in war, and imprison law-of-war detainees.

Leadership and Responsibility in the Second World War

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Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 9780773527317
Total Pages : 308 pages
Book Rating : 4.5/5 (273 download)

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Book Synopsis Leadership and Responsibility in the Second World War by : Robert Vogel

Download or read book Leadership and Responsibility in the Second World War written by Robert Vogel and published by McGill-Queen's Press - MQUP. This book was released on 2004 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leadership is crucial in every conflict and the willingness to accept responsibility is a vital dimension of leadership. Leadership and Responsibility in the Second World War examines of how well political, diplomatic, and military leaders, particularly in Great Britain, handled the daunting challenge of a worldwide conflagration. It seeks to determine if a connection can be delineated between leadership, responsibility, success, and failure -specifically if any connection can be found between reluctance to shoulder responsibility and failure to produce results. In so doing, the authors challenge widely accepted views on major wartime controversies, such as the role of Neville Chamberlain and his Conservative Party at the outbreak of the war, the reasons why the British failed to reach an alliance with the Soviet Union in 1939, and the motives that drove Claus von Stauffenberg to attempt to assassinate Adolf Hitler. Leadership and Responsibility in the Second World War provokes reflection about questions of character, context, and circumstances in wartime leadership.

After the Rubicon

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Publisher : University of Chicago Press
ISBN 13 : 0226453561
Total Pages : 335 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis After the Rubicon by : Douglas L. Kriner

Download or read book After the Rubicon written by Douglas L. Kriner and published by University of Chicago Press. This book was released on 2010-12 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the United States goes to war, the nation’s attention focuses on the president. As commander in chief, a president reaches the zenith of power, while Congress is supposedly shunted to the sidelines once troops have been deployed abroad. Because of Congress’s repeated failure to exercise its legislative powers to rein in presidents, many have proclaimed its irrelevance in military matters. After the Rubicon challenges this conventional wisdom by illuminating the diverse ways in which legislators influence the conduct of military affairs. Douglas L. Kriner reveals that even in politically sensitive wartime environments, individual members of Congress frequently propose legislation, hold investigative hearings, and engage in national policy debates in the public sphere. These actions influence the president’s strategic decisions as he weighs the political costs of pursuing his preferred military course. Marshalling a wealth of quantitative and historical evidence, Kriner expertly demonstrates the full extent to which Congress materially shapes the initiation, scope, and duration of major military actions and sheds new light on the timely issue of interbranch relations.

Taking Liberties

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Publisher : Oxford University Press
ISBN 13 : 0199911983
Total Pages : 297 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Taking Liberties by : Susan N. Herman

Download or read book Taking Liberties written by Susan N. Herman and published by Oxford University Press. This book was released on 2011-10-03 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this eye-opening work, the president of the ACLU takes a hard look at the human and social costs of the War on Terror. A decade after 9/11, it is far from clear that the government's hastily adopted antiterrorist tactics--such as the Patriot Act--are keeping us safe, but it is increasingly clear that these emergency measures in fact have the potential to ravage our lives--and have already done just that to countless Americans. From the Oregon lawyer falsely suspected of involvement with terrorism in Spain to the former University of Idaho football player arrested on the pretext that he was needed as a "material witness" (though he was never called to testify), this book is filled with unsettling stories of ordinary people caught in the government's dragnet. These are not just isolated mistakes in an otherwise sound program, but demonstrations of what can happen when our constitutional protections against government abuse are abandoned. Whether it's running a chat room, contributing to a charity, or even urging a terrorist group to forego its violent tactics, activities that should be protected by the First Amendment can now lead to prosecution. Blacklists and watchlists keep people grounded at airports and strand American citizens abroad, even though these lists are rife with errors--errors that cannot be challenged. National Security Letters allow the FBI to demand records about innocent people from libraries, financial institutions, and internet service providers without ever going to court. Government databanks now brim with information about every aspect of our private lives, while efforts to mount legal challenges to these measures have been stymied. Barack Obama, like George W. Bush, relies on secrecy and exaggerated claims of presidential prerogative to keep the courts and Congress from fully examining whether these laws and policies are constitutional, effective, or even counterproductive. Democracy itself is undermined. This book is a wake-up call for all Americans, who remain largely unaware of the post-9/11 surveillance regime's insidious and continuing growth.

The United States and International Law

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Publisher : University of Michigan Press
ISBN 13 : 0472055410
Total Pages : 365 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis The United States and International Law by : Lucrecia García Iommi

Download or read book The United States and International Law written by Lucrecia García Iommi and published by University of Michigan Press. This book was released on 2022-07-26 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why U.S. support for international law is so inconsistent

How Ike Led

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Publisher : Macmillan + ORM
ISBN 13 : 1250238781
Total Pages : 309 pages
Book Rating : 4.2/5 (52 download)

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Book Synopsis How Ike Led by : Susan Eisenhower

Download or read book How Ike Led written by Susan Eisenhower and published by Macmillan + ORM. This book was released on 2020-08-11 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: How Dwight D. Eisenhower led America through a transformational time—by a DC policy strategist, security expert and his granddaughter. Few people have made decisions as momentous as Eisenhower, nor has one person had to make such a varied range of them. From D-Day to Little Rock, from the Korean War to Cold War crises, from the Red Scare to the Missile Gap controversies, Ike was able to give our country eight years of peace and prosperity by relying on a core set of principles. These were informed by his heritage and upbringing, as well as his strong character and his personal discipline, but he also avoided making himself the center of things. He was a man of judgment, and steadying force. He sought national unity, by pursuing a course he called the "Middle Way" that tried to make winners on both sides of any issue. Ike was a strategic, not an operational leader, who relied on a rigorous pursuit of the facts for decision-making. His talent for envisioning a whole, especially in the context of the long game, and his ability to see causes and various consequences, explains his success as Allied Commander and as President. After making a decision, he made himself accountable for it, recognizing that personal responsibility is the bedrock of sound principles. Susan Eisenhower's How Ike Led shows us not just what a great American did, but why—and what we can learn from him today.

Democracies at War

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Publisher : Princeton University Press
ISBN 13 : 0691089493
Total Pages : 297 pages
Book Rating : 4.6/5 (91 download)

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Book Synopsis Democracies at War by : Dan Reiter

Download or read book Democracies at War written by Dan Reiter and published by Princeton University Press. This book was released on 2002-02-10 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

Presidential Greatness

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Publisher :
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Presidential Greatness by : Marc Karnis Landy

Download or read book Presidential Greatness written by Marc Karnis Landy and published by . This book was released on 2000 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Searching for common threads in these five presidencies, Landy and Milkis enable us to better understand both the possibilities and the limitations of the office."--BOOK JACKET.

Habeas Corpus in Wartime

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Publisher : Oxford University Press
ISBN 13 : 0199856664
Total Pages : 465 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Habeas Corpus in Wartime by : Amanda L. Tyler

Download or read book Habeas Corpus in Wartime written by Amanda L. Tyler and published by Oxford University Press. This book was released on 2017 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the most comprehensive account of the role of habeas corpus in wartime ever written. It draws on a wealth of untapped resources to shed light on the political and legal understanding of habeas corpus that has unfolded over the course of Anglo-American history. The book traces the roots of the habeas privilege enshrined in the United States Constitution to England and then carries the story forward to document the profound influence of English law on early American law. It then takes the story forward to document the understanding of the privilege and the role of suspension over the course of American history.

Democracy's Blameless Leaders

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Publisher : NYU Press
ISBN 13 : 0814761445
Total Pages : 276 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Democracy's Blameless Leaders by : Neil James Mitchell

Download or read book Democracy's Blameless Leaders written by Neil James Mitchell and published by NYU Press. This book was released on 2012-03-19 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Privatizing War

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Publisher : Cambridge University Press
ISBN 13 : 1107328683
Total Pages : 757 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Privatizing War by : Lindsey Cameron

Download or read book Privatizing War written by Lindsey Cameron and published by Cambridge University Press. This book was released on 2013-03-07 with total page 757 pages. Available in PDF, EPUB and Kindle. Book excerpt: A growing number of states use private military and security companies (PMSCs) for a variety of tasks, which were traditionally fulfilled by soldiers. This book provides a comprehensive analysis of the law that applies to PMSCs active in situations of armed conflict, focusing on international humanitarian law. It examines the limits in international law on how states may use private actors, taking the debate beyond the question of whether PMSCs are mercenaries. The authors delve into issues such as how PMSCs are bound by humanitarian law, whether their staff are civilians or combatants, and how the use of force in self-defence relates to direct participation in hostilities, a key issue for an industry that operates by exploiting the right to use force in self-defence. Throughout, the authors identify how existing legal obligations, including under state and individual criminal responsibility should play a role in the regulation of the industry.

The Imperial Presidency

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Publisher : Houghton Mifflin Harcourt
ISBN 13 : 9780618420018
Total Pages : 630 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis The Imperial Presidency by : Arthur Meier Schlesinger

Download or read book The Imperial Presidency written by Arthur Meier Schlesinger and published by Houghton Mifflin Harcourt. This book was released on 2004 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description