national security and double government

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National Security And Double Government

Author : Michael J. Glennon
ISBN : 9780190668471
Genre : Law
File Size : 34. 92 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.

National Security And Double Government

Author : Michael J. Glennon
ISBN : 9780190206444
Genre : Law
File Size : 44. 90 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 : 81. 16 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.

Constitutional Diplomacy

Author : Michael J. Glennon
ISBN : 0691023050
Genre : Law
File Size : 79. 66 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.

Cyberspace And National Security

Author : Derek S. Reveron
ISBN : 9781589019195
Genre : Political Science
File Size : 37. 88 MB
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In a very short time, individuals and companies have harnessed cyberspace to create new industries, a vibrant social space, and a new economic sphere that are intertwined with our everyday lives. At the same time, individuals, subnational groups, and governments are using cyberspace to advance interests through malicious activity. Terrorists recruit, train, and target through the Internet, hackers steal data, and intelligence services conduct espionage. Still, the vast majority of cyberspace is civilian space used by individuals, businesses, and governments for legitimate purposes. Cyberspace and National Security brings together scholars, policy analysts, and information technology executives to examine current and future threats to cyberspace. They discuss various approaches to advance and defend national interests, contrast the US approach with European, Russian, and Chinese approaches, and offer new ways and means to defend interests in cyberspace and develop offensive capabilities to compete there. Policymakers and strategists will find this book to be an invaluable resource in their efforts to ensure national security and answer concerns about future cyberwarfare.

Limits Of Law Prerogatives Of Power

Author : M. Glennon
ISBN : 9781403982537
Genre : Political Science
File Size : 41. 18 MB
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NATO's bombing of Yugoslavia was justified. NATO violated the United Nations Charter - but nations have used armed force so often that the ban on non-defensive use of force has been cast into doubt. Dangerous cracks in the international legal order have surfaced - widened, ironically, by the UN Security Council itself, which has ridden roughshod over the Charter's ban on intervention. Yet nations remain hopelessly divided on what the rules should be. An unplanned geopolitical order has thus emerged - posing serious dilemmas for American policy-makers in a world where intervention will be judged more by wisdom than by law.

Foreign Relations And National Security Law

Author : Thomas M. Franck
ISBN : 0314268316
Genre : Law
File Size : 36. 69 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.

Whistleblowers Leaks And The Media

Author : Paul Rosenzweig
ISBN : 162722825X
Genre : Law
File Size : 33. 60 MB
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A comprehensive examination of national security laws and the tensions between the public's right to know, and the government's right to protect its interests.

Power Wars

Author : Charlie Savage
ISBN : 9780316286602
Genre : Political Science
File Size : 71. 42 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 : 37. 89 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.

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