Supreme Court Jurisprudence In Times Of National Crisis Terrorism And War

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Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War

Author : Arthur H. Garrison
Publisher : Lexington Books
ISBN 13 : 0739151045
Total Pages : 502 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War by : Arthur H. Garrison

Download or read book Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War written by Arthur H. Garrison and published by Lexington Books. This book was released on 2011-05-13 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the foundation of the American Republic, presidents have had to deal with both internal and external national security threats. From President Washington and his policy of neutrality during the wars between Great Britain and France in the eighteenth century, to President Lincoln and the war to save the union, to President Wilson during the war to end all wars, to President Roosevelt and war of the Greatest Generation, to President Truman and his steel during the forgotten war, and most recently to President Bush and the War on Terror, presidents have had to use their power as commander-in-chief to meet the challenges of national crisis and war. The judiciary, specifically the Supreme Court, has also played an integral part in the historical development and defining of the commander-in-chief power in times of war and national crisis from the earliest days of the republic. How these powers have grown is a consequence of how the presidents have viewed the office of the presidency and how the judiciary has interpreted the commander-in-chief and executive power clauses of the U.S. Constitution over time. Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War provides a chronological review of the major national security and war events in American history. Garrison reviews the great debates between Hamilton and Madison and Chief Justice Roger Taney and Attorney General Edward Bates on presidential executive power and how subsequent presidents have adopted the Hamiltonian view of the presidency. He also examines how Article III courts, specifically the Supreme Court, have defined, expanded, and established boundaries on the commander-in-chief power. With this historical backdrop, Garrison reveals how, for over two centuries, the judiciary has defended the rule of law and maintained the principle that under the U.S. Constitution neither the guns of war nor threats to safety have silenced the rule of law.

Restoring the Global Judiciary

Author : Martin S. Flaherty
Publisher : Princeton University Press
ISBN 13 : 069118612X
Total Pages : 344 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Restoring the Global Judiciary by : Martin S. Flaherty

Download or read book Restoring the Global Judiciary written by Martin S. Flaherty and published by Princeton University Press. This book was released on 2019-09-03 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why there should be a larger role for the judiciary in American foreign relations In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.

Supreme Court Expansion of Presidential Power

Author : Louis Fisher
Publisher : University Press of Kansas
ISBN 13 : 0700624678
Total Pages : 350 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Supreme Court Expansion of Presidential Power by : Louis Fisher

Download or read book Supreme Court Expansion of Presidential Power written by Louis Fisher and published by University Press of Kansas. This book was released on 2017-07-14 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the fourth of the Federalist Papers, published in 1787, John Jay warned of absolute monarchs who "will often make war when their nations are to get nothing by it." More than two centuries later, are single executives making unilateral decisions any more trustworthy? And have the checks on executive power, so critical in the Founders' drafting of the Constitution, held? These are the questions Louis Fisher pursues in this book. By examining the executive actions of American presidents, particularly after World War II, Fisher reveals how the Supreme Court, through errors and abdications, has expanded presidential power in external affairs beyond constitutional boundaries—and damaged the nation's system of checks and balances. Supreme Court Expansion of Presidential Power reviews the judicial record from 1789 to the present day to show how the balance of power has shifted over time. For nearly a century and a half, the Supreme Court did not indicate a preference for which of the two elected branches should dominate in the field of external affairs. But from the mid-thirties a pattern clearly emerges, with the Court regularly supporting independent presidential power in times of "emergency," or issues linked to national security. The damage this has done to democracy and constitutional government is profound, Fisher argues. His evidence extends beyond external affairs to issues of domestic policy, such as impoundment of funds, legislative vetoes, item-veto authority, presidential immunity in the Paula Jones case, recess appointments, and the Obama administration's immigration initiatives. Fisher identifies contemporary biases that have led to an increase in presidential power—including Supreme Court misconceptions and errors, academic failings, and mistaken beliefs about "inherent powers" and "unity of office." Calling to account the forces tasked with protecting our democracy from the undue exercise of power by any single executive, his deeply informed book sounds a compelling alarm.

Abraham Lincoln and the US Constitution, 1861-1865

Author : Nicolas Gachon
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527589897
Total Pages : 137 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis Abraham Lincoln and the US Constitution, 1861-1865 by : Nicolas Gachon

Download or read book Abraham Lincoln and the US Constitution, 1861-1865 written by Nicolas Gachon and published by Cambridge Scholars Publishing. This book was released on 2022-10-13 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a historical and documented account of the constitutional issues underlying President Abraham Lincoln’s determination to save the Union between 1861 and 1865. It provides students of US history and politics with a simple, precise approach to the complex power game between the three branches of the federal government. While both the Civil War and the Emancipation issue are present across the different chapters, the book focuses on constitutional issues to provide a clear analysis of the way Lincoln used or misused the US Constitution in a context of emergency.

The Presidents and the Constitution, Volume One

Author : Ken Gormley
Publisher : NYU Press
ISBN 13 : 1479802050
Total Pages : 411 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis The Presidents and the Constitution, Volume One by : Ken Gormley

Download or read book The Presidents and the Constitution, Volume One written by Ken Gormley and published by NYU Press. This book was released on 2020-03-24 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shines a light on the constitutional issues that confronted and shaped each presidency from George Washington to the Progressive Era Drawing from the monumental The Presidents and the Constitution: A Living History, published in 2016, the nation’s foremost experts in the American presidency and the US Constitution join together to tell the intertwined stories of how the first twenty-seven distinctive American presidents have confronted and shaped the Constitution and thus defined the most powerful office in human history. From George Washington to William Howard Taft, The Presidents and the Constitution, Volume 1 illuminates the evolving American presidency in a unique way—through the lens of the Constitution itself. Arranged chronologically by president, the book examines the constitutional issues confronting each president in the context of the personalities driving historical events.The contributors illustrate the extensive powers of the American presidency in domestic and foreign affairs, showing how they have been used by the men who were granted them, and brings to light the overarching constitutional themes that span this country’s history and tie each presidency to the other branches of government.

The Presidents and the Constitution

Author : Ken Gormley
Publisher : NYU Press
ISBN 13 : 1479839906
Total Pages : 711 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis The Presidents and the Constitution by : Ken Gormley

Download or read book The Presidents and the Constitution written by Ken Gormley and published by NYU Press. This book was released on 2016-05-10 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shines new light on America's brilliant constitutional and presidential history, from George Washington to Barack Obama. In this sweepingly ambitious volume, the nation’s foremost experts on the American presidency and the U.S. Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the office—the first president to the forty-fourth—has contributed to the story of the Constitution through the decisions he made and the actions he took as the nation’s chief executive. By examining presidential history through the lens of constitutional conflicts and challenges, The Presidents and the Constitution offers a fresh perspective on how the Constitution has evolved in the hands of individual presidents. It delves into key moments in American history, from Washington’s early battles with Congress to the advent of the national security presidency under George W. Bush and Barack Obama, to reveal the dramatic historical forces that drove these presidents to action. Historians and legal experts, including Richard Ellis, Gary Hart, Stanley Kutler and Kenneth Starr, bring the Constitution to life, and show how the awesome powers of the American presidency have been shapes by the men who were granted them. The book brings to the fore the overarching constitutional themes that span this country’s history and ties together presidencies in a way never before accomplished.

Shaping US Military Law

Author : Joshua E. Kastenberg
Publisher : Routledge
ISBN 13 : 1317055780
Total Pages : 268 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Shaping US Military Law by : Joshua E. Kastenberg

Download or read book Shaping US Military Law written by Joshua E. Kastenberg and published by Routledge. This book was released on 2016-04-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the United States’ entry into World War II, the federal judiciary has taken a prominent role in the shaping of the nation’s military laws. Yet, a majority of the academic legal community studying the relationship between the Court and the military establishment argues otherwise providing the basis for a further argument that the legal construct of the military establishment is constitutionally questionable. Centering on the Cold War era from 1968 onward, this book weaves judicial biography and a historic methodology based on primary source materials into its analysis and reviews several military law judicial decisions ignored by other studies. This book is not designed only for legal scholars. Its intended audience consists of Cold War, military, and political historians, as well as political scientists, and, military and national security policy makers. Although the book’s conclusions are likely to be favored by the military establishment, the purpose of this book is to accurately analyze the intersection of the later twentieth century’s American military, political, social, and cultural history and the operation of the nation’s armed forces from a judicial vantage.

Historical Dictionary of United States-Middle East Relations

Author : Peter L. Hahn
Publisher : Rowman & Littlefield
ISBN 13 : 1442262958
Total Pages : 379 pages
Book Rating : 4.4/5 (422 download)

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Book Synopsis Historical Dictionary of United States-Middle East Relations by : Peter L. Hahn

Download or read book Historical Dictionary of United States-Middle East Relations written by Peter L. Hahn and published by Rowman & Littlefield. This book was released on 2016-09-19 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: U.S. foreign relations in the Middle East has remained crucial through many decades and the complications facing the United States in the Middle East have become even more acute. While the United States downgraded its military operations in Iraq, that country failed to achieve a stable, democratic footing and instead experienced schism and civil strife. Israeli-Palestinian disputes over land, the status of refugees, and control of Jerusalem intensified, and international conflicts between Arab states and Israel escalated for the first time since the 1980s. The Arab Spring protest movements of 2011 and after ignited political turmoil across the region, leading to revolutionary change in several states and triggering persistent unrest and violence in Libya, Egypt, Tunisia, Yemen, Syria, and Iraq. During the recent decade, in short, the Middle East has become the most unstable, dangerous, and complicated region of the world and the United States remains near the center of the maelstrom. This second edition of Historical Dictionary of United States-Middle East Relations contains a chronology, an introduction, appendixes, and an extensive bibliography. The dictionary section has over 300 cross-referenced entries on national leaders, non-governmental organizations, policy initiatives, and armed conflicts, as well as entries on such topics as intelligence, immigration, and weapons of mass destruction. This book is an excellent access point for students, researchers, and anyone wanting to know more about the US and Middle East Relations.

Permanent State of Emergency

Author : Ryan Alford
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773549218
Total Pages : 349 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 349 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 American Presidents From Polk to Hayes

Author : Robert A. Nowlan, Ph.D.
Publisher : Outskirts Press
ISBN 13 : 1478765720
Total Pages : 890 pages
Book Rating : 4.4/5 (787 download)

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Book Synopsis The American Presidents From Polk to Hayes by : Robert A. Nowlan, Ph.D.

Download or read book The American Presidents From Polk to Hayes written by Robert A. Nowlan, Ph.D. and published by Outskirts Press. This book was released on 2016-01-31 with total page 890 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Presidents, Polk to Hayes. What They Did. What They Said, What Was Said About Them is the second book in a planned five volume series, covering all the Presidents. These 43 men (so far) have succeeded in some regards and failed in others as they strove to do the best they could in what is surely one of the most difficult jobs in the world. Only they can truly appreciate what it takes to be the president. Others can only speculate. People feel strongly about U.S. Presidents. Some they admire – others they hate. It is fair game to criticize a president’s actions and policies. However, questioning their commitment to American ideals seems like hitting below the belt. There are no willing villains. Most people can find justification for their actions, beliefs, and prejudices. Each president strove to do the best he could for the nation and its people. This goal of the book is not to praise presidents, nor is it to condemn them. The subtitle of each of the five books in the series: What They Did. What They Said, What Was Said About Them, perfectly describes the approach adopted to tell their stories in a unique, way, meant to entertain as well as inform. Readers are asked to make their own judgments of the presidencies based on more information that the semi-myths they may recall History courses or what is preached in the many longstanding and despicable negative campaigning, mudslinging and character assassination reports they hear from partisans. One can find much to admire about each of the presidents and unfortunately much to deplore. Soldiers are told that in giving salutes to officers is not honoring the individuals, but rather their rank. If there are presidents, readers just feel they cannot salute, hopefully they can salute the presidency.

Atrocity Speech Law

Author : Gregory S. Gordon
Publisher : Oxford University Press
ISBN 13 : 0190612703
Total Pages : 465 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Atrocity Speech Law by : Gregory S. Gordon

Download or read book Atrocity Speech Law written by Gregory S. Gordon and published by Oxford University Press. This book was released on 2017-04-11 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law governing the relationship between speech and core international crimes — a key component in atrocity prevention — is broken. Incitement to genocide has not been adequately defined. The law on hate speech as persecution is split between the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). Instigation is confused with incitement and ordering's scope is too circumscribed. At the same time, each of these modalities does not function properly in relation to the others, yielding a misshapen body of law riddled with gaps. Existing scholarship has suggested discrete fixes to individual parts, but no work has stepped back and considered holistic solutions. This book does. To understand how the law became so fragmented, it returns to its roots to explain how it was formulated. From there, it proposes a set of nostrums to deal with the individual deficiencies. Its analysis then culminates in a more comprehensive proposal: a Unified Liability Theory, which would systematically link the core crimes of genocide, crimes against humanity, and war crimes with the four illicit speech modalities. The latter would be placed in one statutory provision criminalizing the following types of speech: (1) incitement (speech seeking but not resulting in atrocity); (2) speech abetting (non-catalytic speech synchronous with atrocity commission); (3) instigation (speech seeking and resulting in atrocity); and (4) ordering (instigation/incitement within a superior-subordinate relationship). Apart from its fragmentation, this body of law lacks a proper name as Incitement Law or International Hate Speech Law, labels often used, fail to capture its breadth or relationship to mass violence. So this book proposes a new and fitting appellation: atrocity speech law.

Decision Making and Controversies in State Supreme Courts

Author : Salmon A. Shomade
Publisher : Lexington Books
ISBN 13 : 1498543006
Total Pages : 173 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis Decision Making and Controversies in State Supreme Courts by : Salmon A. Shomade

Download or read book Decision Making and Controversies in State Supreme Courts written by Salmon A. Shomade and published by Lexington Books. This book was released on 2018-10-15 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foregrounding religious, racialized and gendered disputes, Decision Making and Controversies in State Supreme Courts examines state supreme court decision making during controversies. Using case studies within Alabama, Louisiana, and Wisconsin, Salmon Shomade identifies and analyses the predominant factors influencing decision making in times of court contention. In this book, Shomade assesses how the justices’ interpersonal dynamics and controversial issues of religion, race, and gender impact their decision making. Specifically, the book focuses on former Alabama Chief Justice Roy Moore and the Ten Commandments monument crisis, Louisiana Chief Justice Bernette Johnson and her elevation dispute, and former Wisconsin Justice David Prosser and his conflicts with two female colleagues. The book contributes to the literature on decision making in state appellate courts by building upon established models utilized for assessing these courts.

Art as an Interface of Law and Justice

Author : Frans-Willem Korsten
Publisher : Bloomsbury Publishing
ISBN 13 : 1509944354
Total Pages : 325 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Art as an Interface of Law and Justice by : Frans-Willem Korsten

Download or read book Art as an Interface of Law and Justice written by Frans-Willem Korsten and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the way in which the 'call for justice' is portrayed through art and presents a wide range of texts from film to theatre to essays and novels to interrogate the law. 'Calls for justice' may have their positive connotations, but throughout history most have caused annoyance. Art is very well suited to deal with such annoyance, or to provoke it. This study shows how art operates as an interface, here, between two spheres: the larger realm of justice and the more specific system of law. This interface has a double potential. It can make law and justice affirm or productively disturb one another. Approaching issues of injustice that are felt globally, eight chapters focus on original works of art not dealt with before, including Milo Rau's The Congo Tribunal, Elfriede Jelinek's Ulrike Maria Stuart, Valeria Luiselli's Tell Me How It Ends and Nicolas Winding Refn's Only God Forgives. They demonstrate how through art's interface, impasses are addressed, new laws are made imaginable, the span of systems of laws is explored, and the differences in what people consider to be just are brought to light. The book considers the improvement of law and justice to be a global struggle and, whilst the issues dealt with are culture-specific, it argues that the logics introduced are applicable everywhere.

Judicial Review of National Security

Author : David Scharia
Publisher : Oxford University Press, USA
ISBN 13 : 0199393362
Total Pages : 296 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Judicial Review of National Security by : David Scharia

Download or read book Judicial Review of National Security written by David Scharia and published by Oxford University Press, USA. This book was released on 2015 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, countries around the world introduced numerous national security programs and military campaigns. Despite the complex legal questions they raise, very few of these measures have been the subject of rigorous judicial review. Nevertheless, the absence of real-time review has had an enormous effect on human rights, rule of law, and on national security. The Supreme Court of Israel provides an excellent case study of a different approach, which allows judges to assess military action in real-time and to issue non-binding results of their evaluation. This raises the question: How was the Court actually able to uphold this challenge? In Judicial Review of National Security, David Scharia explains how the Supreme Court of Israel developed unconventional judicial review tools and practices that allowed it to provide judicial guidance to the Executive in real-time. In this book, he argues that courts could play a much more dominant role in reviewing national security, and demonstrates the importance of intensive real-time inter-branch dialogue with the Executive, as a tool used by the Israeli Court to provide such review. This book aims to show that if one Supreme Court was able to provide rigorous judicial review of national security in real-time, then we should reconsider the conventional wisdom regarding the limits of judicial review of national security.

Not a Suicide Pact

Author : Richard A. Posner
Publisher : Oxford University Press
ISBN 13 : 0195304276
Total Pages : 186 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Not a Suicide Pact by : Richard A. Posner

Download or read book Not a Suicide Pact written by Richard A. Posner and published by Oxford University Press. This book was released on 2006-09 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many of the measures taken by the Bush administration since 9/11 have sparkedheated protests. Judge Richard A. Posner offers a cogent and elegant responseto these protests, arguing that personal liberty must be balanced with publicsafety in the face of grave national danger.

Law in Times of Crisis

Author : Oren Gross
Publisher : Cambridge University Press
ISBN 13 : 1139457756
Total Pages : 48 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Law in Times of Crisis by : Oren Gross

Download or read book Law in Times of Crisis written by Oren Gross and published by Cambridge University Press. This book was released on 2006-10-30 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.

The Judicial Power of the Purse

Author : Nancy Staudt
Publisher : University of Chicago Press
ISBN 13 : 0226771148
Total Pages : 212 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis The Judicial Power of the Purse by : Nancy Staudt

Download or read book The Judicial Power of the Purse written by Nancy Staudt and published by University of Chicago Press. This book was released on 2011-05 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congress and the president are not the only branches that deal with fiscal issues in times of war. In this innovative book, Nancy Staudt focuses on the role of federal courts in fiscal matters during warfare and high-cost national defense emergencies. There is, she argues, a judicial power of the purse that becomes evident upon examining the budgetary effects of judicial decision making. The book provides substantial evidence that judges are willing—maybe even eager—to redirect private monies into government hands when the country is in peril, but when the judges receive convincing cues that ongoing wartime activities undermine the nation’s interests, they are more likely to withhold funds from the government by deciding cases in favor of private individuals and entities who show up in court. In stark contrast with conventional legal, political, and institutional thought that privileges factors associated with individual preferences, The Judicial Power of the Purse sheds light on environmental factors in judicial decision making and will be an excellent read for students of judicial behavior in political science and law.