military tribunals presidential power american revolution to the war on terrorism

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Military Tribunals And Presidential Power

Author : Louis Fisher
ISBN : 0700613757
Genre : Law
File Size : 77. 61 MB
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Although the use of military tribunals can be necessary and even effective in times of war, Louis 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. "Military Tribunals and Presidential Power" is the only book to offer detailed and comprehensive coverage of these extra-legal courts, taking in the sweep of American history from colonial times to today's headlines. Focusing on those periods when the Constitution and civil liberties have been most severely tested by threats to national security, Fisher critiques tribunals called during the presidencies of Washington, Madison, Jackson, Lincoln, Andrew Johnson, Wilson, Franklin Roosevelt, and Truman. He also examines other presidential actions that present military justifications to augment political power, such as suspending the writ of habeas corpus, invoking martial law, and using courts-martial to try U.S. citizens. Fisher also analyzes how the Bush administration relied heavily on precedents set in World War II - notably the Supreme Court's opinion regarding Nazi saboteurs, Ex parte Quirin, a case shown in recent times to have been a rush to judgment. He scrutinizes the much-publicized cases of John Walker Lindh, Yaser Esam Hamdi, Jose Padilla, Zacarias Moussaoui, and the Guantanamo detainees to reveal how the executive branch has gone far beyond the bounds of even Quirin, and he suggests that it is short-sighted to believe that what was only tolerable half a century ago should be accepted as a given today. Fisher's book cuts to the bone of current controversies and sounds an alarm for maintaining the checks and balances we value as a nation.

The War On Terror Encyclopedia From The Rise Of Al Qaeda To 9 11 And Beyond

Author : Jan Goldman Ph.D.
ISBN : 9781610695114
Genre : Political Science
File Size : 78. 74 MB
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This fascinating reference chronicles the individuals, operations, and events of the War on Terror around the world, exploring its causes and consequences through the lens of policy, doctrine, and tactics of combat. • Features a timeline that enables readers to quickly grasp the succession of key events and developments in the War on Terror • Highlights specific individuals on both sides of this conflict, providing an objective and fair-minded approach to the topic • Provides a bibliography that directs students toward additional sources of information for further research • Connects related entries through helpful cross references

Power Without Constraint

Author : Chris Edelson
ISBN : 9780299307400
Genre : History
File Size : 90. 94 MB
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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.

Sweet Land Of Security America S Responses To Terror From The Revolution Through Today S War On Terror

Author : Michael T. Geary
ISBN : 9780979097249
Genre : Political Science
File Size : 52. 76 MB
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Are the post-9/11 measures initiated by the government and law enforcement agencies the products of a totalitarian impulse, or panic?-or are they simply a prudent response to a seriously perilous world? Are our liberties likely to be narrowed down forever?-or will we restore them when the crisis is over? (How will we know when it's over?) One way to begin thinking carefully about that is to consider how Americans have responded in the past. Our struggle to reconcile the conflicting claims of liberty and security is not an easy one-but it turns out to have a history. It is, in fact, one of the threads the historical fabric of our nation is woven from. Here a lawyer and professor does what a lawyer does: he examines the precedents, from the Alien and Sedition Acts of 1799 through the Civil War, the forced relocation of Japanese Americans in World War II, the Red Scares of the 20th Century to our present "war on terror." This work shows the balance of liberty and security from the Alien and Sedition Acts in the Adams administration through the creation of military commissions in the Mexican War, Lincoln's suspension of habeas corpus in the Civil War, the internment of Japanese Americans in World War II, the Red Scares of the twentieth century, to the "War on Terror." About the author: Michael Geary is the Coordinator of the Criminal Justice Program at Albertus Magnus College, in New Haven, Connecticut. He joined the College's faculty in 2003 after retiring as a sergeant from the New York City Police Department. Professor Geary received his B.S. in Criminal Justice in 1983, his M.S. 1995, and his J.D. from Pace University School of Law in 1996.

Power Wars

Author : Charlie Savage
ISBN : 9780316286602
Genre : Political Science
File Size : 81. 87 MB
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Pulitzer Prize-winning journalist Charlie Savage's penetrating investigation of the Obama presidency and the national security state Barack Obama campaigned on changing George W. Bush's "global war on terror" but ended up entrenching extraordinary executive powers, from warrantless surveillance and indefinite detention to military commissions and targeted killings. Then Obama found himself bequeathing those authorities to Donald Trump. How did the United States get here? In Power Wars, Charlie Savage reveals high-level national security legal and policy deliberations in a way no one has done before. He tells inside stories of how Obama came to order the drone killing of an American citizen, preside over an unprecendented crackdown on leaks, and keep a then-secret program that logged every American's phone calls. Encompassing the first comprehensive history of NSA surveillance over the past forty years as well as new information about the Osama bin Laden raid, Power Wars equips readers to understand the legacy of Bush's and Obama's post-9/11 presidencies in the Trump era.

U S Conflicts In The 21st Century Afghanistan War Iraq War And The War On Terror 3 Volumes

Author : Spencer C. Tucker
ISBN : 9781440838798
Genre : History
File Size : 36. 75 MB
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This three-volume reference work provides an up-to-date presentation and analysis of the U.S. wars of the 21st century, addressing their backgrounds, causes, courses, and consequences. It serves as an indispensable resource for students seeking to understand the role of the United States in the world today. • Provides up-to-date information on America's ongoing military conflicts and clear explanations of how these wars came about and the shifts in policy thereafter • Supplies comprehensive coverage detailing social, political, cultural, religious, ethnic, and military aspects of the 21st-century wars • Includes dozens of primary documents that are essential to understanding the events that have occurred, provide context to the text, and allow readers to examine the original sources of information directly • Identifies the key individuals and factors in strategic planning • Presents full information on the terror attacks visited on the United States and its key allies as well as the U.S. response to them

The Social History Of Crime And Punishment In America

Author : Wilbur R. Miller
ISBN : 9781483305936
Genre : History
File Size : 75. 13 MB
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Several encyclopedias overview the contemporary system of criminal justice in America, but full understanding of current social problems and contemporary strategies to deal with them can come only with clear appreciation of the historical underpinnings of those problems. Thus, this five-volume work surveys the history and philosophy of crime, punishment, and criminal justice institutions in America from colonial times to the present. It covers the whole of the criminal justice system, from crimes, law enforcement and policing, to courts, corrections and human services. Among other things, this encyclopedia: explicates philosophical foundations underpinning our system of justice; charts changing patterns in criminal activity and subsequent effects on legal responses; identifies major periods in the development of our system of criminal justice; and explores in the first four volumes - supplemented by a fifth volume containing annotated primary documents - evolving debates and conflicts on how best to address issues of crime and punishment. Its signed entries in the first four volumes--supplemented by a fifth volume containing annotated primary documents--provide the historical context for students to better understand contemporary criminological debates and the contemporary shape of the U.S. system of law and justice.

The Revolutionary Constitution

Author : David J. Bodenhamer
ISBN : 9780199913039
Genre : History
File Size : 26. 36 MB
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The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.

War By Other Means

Author : John Yoo
ISBN : 1555847633
Genre : Political Science
File Size : 29. 13 MB
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John Yoo, the key legal architect of the Bush administration’s response to 9/11, delivers a fascinating insider account of the War on Terror. While America reeled from the cataclysmic events of September 11, 2001, Yoo and a skeletal staff of the Office of Legal Counsel found themselves on the phone with the White House. In a series of memos, Yoo offered his legal opinions on the president’s authority to respond, and in the process had an almost unmatched impact on America's fight against terrorism. His analysis led to many of the Bush administration’s most controversial policies, including detention at Guantanamo Bay, coercive interrogation, military trials for terrorists, preemptive attacks, and the National Security Agency’s wiretapping program. In fascinating detail, Yoo takes us inside the corridors of power and examines specific cases, from John Walker Lindh and Jose Padilla to an American al-Qaeda leader assassinated by a CIA pilotless drone in the deserts of Yemen. In a midterm election year, when the controversies over the president’s handling of the War on Terror are sure to wage more forcefully than ever before, John Yoo’s War by Other Means is set to become one of the fall’s most talked about books.

Unchecked And Unbalanced

Author : Schwarz O.
ISBN : 9781595587459
Genre : Political Science
File Size : 23. 84 MB
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Thirty years after the Church Committee unearthed COINTELPRO and other instances of illicit executive behavior on the domestic and international fronts, the Bush administration has elevated the flaws identified by the committee into first principles of government. Through a constellation of non-public laws and opaque, unaccountable institutions, the current administration has created a “secret presidency” run by classified presidential decisions and orders about national security. A hyperactive Office of Legal Counsel in the Department of Justice is intent on eliminating checks on presidential power and testing that power’s limits. Decisions are routinely executed at senior levels within the civilian administration without input from Congress or the federal courts, let alone our international allies. Secret NSA spying at home is the most recent of these. Harsh treatment of detainees, “extraordinary renditions,” secret foreign prisons, and the newly minted enemy combatant designation have also undermined our values. The resulting policies have harmed counterterrorism efforts and produced few tangible results. With a partisan Congress predictably reluctant to censure a politically aligned president, it is all the more important for citizens themselves to demand disclosure, oversight, and restraint of sweeping claims of executive power. This book is the first step.

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