national security and double government

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National Security And Double Government

Author : Michael J. Glennon
ISBN : 9780190206444
Genre : Law
File Size : 34. 97 MB
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Why has U.S. national security policy scarcely changed from the Bush to the Obama administration? And why does it matter? The theory of 'double government' posed by the 19th century English scholar Walter Bagehot suggests a disquieting answer. The public is encouraged to believe that the presidency, Congress, and the courts make security policy. That belief sustains these institutions' legitimacy. Yet their authority is largely illusory. National security policy is made, instead, by a 'Trumanite network' of several hundred members that is largely concealed from public view.

National Security And Double Government

Author : Michael J. Glennon
ISBN : 9780190206468
Genre : Law
File Size : 39. 96 MB
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Why has U.S. security policy scarcely changed from the Bush to the Obama administration? National Security and Double Government offers a disquieting answer. Michael J. Glennon challenges the myth that U.S. security policy is still forged by America's visible, "Madisonian institutions" - the President, Congress, and the courts. Their roles, he argues, have become largely illusory. Presidential control is now nominal, congressional oversight is dysfunctional, and judicial review is negligible. The book details the dramatic shift in power that has occurred from the Madisonian institutions to a concealed "Trumanite network" - the several hundred managers of the military, intelligence, diplomatic, and law enforcement agencies who are responsible for protecting the nation and who have come to operate largely immune from constitutional and electoral restraints. Reform efforts face daunting obstacles. Remedies within this new system of "double government" require the hollowed-out Madisonian institutions to exercise the very power that they lack. Meanwhile, reform initiatives from without confront the same pervasive political ignorance within the polity that has given rise to this duality. The book sounds a powerful warning about the need to resolve this dilemma-and the mortal threat posed to accountability, democracy, and personal freedom if double government persists.

National Security And Double Government

Author : Michael J. Glennon
ISBN : 9780190668471
Genre : Law
File Size : 64. 88 MB
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Why has U.S. security policy scarcely changed from the Bush to the Obama administration? National Security and Double Government offers a disquieting answer. Michael J. Glennon challenges the myth that U.S. security policy is still forged by America's visible, "Madisonian institutions" - the President, Congress, and the courts. Their roles, he argues, have become largely illusory. Presidential control is now nominal, congressional oversight is dysfunctional, and judicial review is negligible. The book details the dramatic shift in power that has occurred from the Madisonian institutions to a concealed "Trumanite network" - the several hundred managers of the military, intelligence, diplomatic, and law enforcement agencies who are responsible for protecting the nation and who have come to operate largely immune from constitutional and electoral restraints. Reform efforts face daunting obstacles. Remedies within this new system of "double government" require the hollowed-out Madisonian institutions to exercise the very power that they lack. Meanwhile, reform initiatives from without confront the same pervasive political ignorance within the polity that has given rise to this duality. The book sounds a powerful warning about the need to resolve this dilemma-and the mortal threat posed to accountability, democracy, and personal freedom if double government persists. This paperback version features an Afterword that addresses the emerging danger posed by populist authoritarianism rejecting the notion that the security bureaucracy can or should be relied upon to block it.

Foreign Affairs Federalism

Author : Michael J. Glennon
ISBN : 9780190499808
Genre : Law
File Size : 39. 54 MB
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Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.

Power Wars

Author : Charlie Savage
ISBN : 9780316286602
Genre : Political Science
File Size : 52. 44 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.

Terrorism And The Constitution

Author : David Cole
ISBN : 9781565849396
Genre : Political Science
File Size : 70. 94 MB
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Tracing the history of government intrusions on Constitutional rights in response to threats from abroad, Cole and Dempsey warn that a society in which civil liberties are sacrificed in the name of national security is in fact less secure than one in which they are upheld. A new chapter includes a discussion of domestic spying, preventive detention, the many court challenges to post-9/11 abuses, implementation of the Patriot Act, and efforts to reestablish the checks and balances left behind in the rush to strengthen governmental powers.

Foreign Relations And National Security Law

Author : Thomas M. Franck
ISBN : 0314268316
Genre : Law
File Size : 42. 19 MB
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This fully updated Fourth Edition of a seminal casebook contains classic cases from Foster v. Nielsen to Samantar v. Yousuf, penetrating commentary from The Federalist to Dean Harold Koh and Justice Antonin Scalia, and treatment of thought-provoking controversies, including intervention in Libya, Wikileak disclosures, the killing of Bin Laden, drone attacks on U.S. nationals, NSA wiretapping, and Guantnamo trials. Excerpts of treaties, statutes, and executive orders address the core doctrinal and theoretical issues of foreign relations law and national security law, providing ample room for professors to design a course based on those topics most suited for their classroom experience.

Constitutional Diplomacy

Author : Michael J. Glennon
ISBN : 0691023050
Genre : Law
File Size : 60. 25 MB
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Challenging those who accept or advocate executive supremacy in American foreign-policy making, Constitutional Diplomacy proposes that we abandon the supine roles often assigned our legislative and judicial branches in that field. This book, by the former Legal Counsel to the Senate Foreign Relations Committee, is the first comprehensive analysis of foreign policy and constitutionalism to appear in over fifteen years. In the interval since the last major work on this theme was published, the War Powers Resolution has ignited a heated controversy, several major treaties have aroused passionate disagreement over the Senate's role, intelligence abuses have been revealed and remedial legislation debated, and the Iran-Contra affair has highlighted anew the extent of disagreement over first principles. Exploring the implications of these and earlier foreign policy disputes, Michael Glennon maintains that the objectives of diplomacy cannot be successfully pursued by discarding constitutional interests. Glennon probes in detail the important foreign-policy responsibilities given to Congress by the Constitution and the duty given to the courts of resolving disputes between Congress and the President concerning the power to make foreign policy. He reviews the scope of the prime tools of diplomacy, the war power and the treaty power, and examines the concept of national security. Throughout the work he considers the intricate weave of two legal systems: American constitutional principles and the international law norms that are part of the U.S. domestic legal system.

Borderless Wars

Author : Antonia Chayes
ISBN : 9781316467817
Genre : Law
File Size : 58. 50 MB
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In 2011, Nasser Al-Awlaki, a terrorist on the US 'kill list' in Yemen, was targeted by the CIA. A week later, a military strike killed his son. The following year, the US Ambassador to Pakistan resigned, undermined by CIA-conducted drone strikes of which he had no knowledge or control. The demands of the new, borderless 'gray area' conflict have cast civilians and military into unaccustomed roles with inadequate legal underpinning. As the Department of Homeland Security defends against cyber threats and civilian contractors work in paramilitary roles abroad, the legal boundaries of war demand to be outlined. In this book, former Under Secretary of the Air Force Antonia Chayes examines these new 'gray areas' in counterinsurgency, counter-terrorism and cyber warfare. Her innovative solutions for role definition and transparency will establish new guidelines in a rapidly evolving military-legal environment.

A Government Of Wolves

Author : John W. Whitehead
ISBN : 9781590799833
Genre : Political Science
File Size : 26. 60 MB
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In A Government of Wolves: The Emerging American Police State, John W. Whitehead charts America's transition from a society governed by "we the people" to a police state governed by the strong arm of the law. In such an environment, the law becomes yet another tool to oppress the people. As a constitutional attorney of national prominence, and as president of The Rutherford Institute, an international civil liberties organization, Whitehead has been at the forefront of the fight for civil liberties in this country. The recurring theme at the heart of A Government of Wolves is that the American people are in grave danger of losing their basic freedoms. The simple fact is that the Constitution - and in particular the Bill of Rights - is being undermined on virtually every front. Indeed, everything America was founded upon is in some way being challenged. The openness and freedom that were once the hallmarks of our society are now in peril. We were once a society that valued individual liberty and privacy. But in recent years we have turned into a culture that has quietly accepted surveillance cameras, police and drug-sniffing dogs in our children's schools, national databases that track our finances and activities, sneak-and-peek searches of our homes without our knowledge or consent, and anti-terrorism laws that turn average Americans into suspects. In short, America has become a lockdown nation, and we are all in danger. A Government of Wolves not only explains these acute problems but is a call to action offering timely and practical initiatives for Americans to take charge of present course of history and stop the growing police state. But time is running out. We are at critical juncture and every citizen who values his or her personal freedom needs to pay close attention to the message in this book!

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