the powers of war and peace the constitution and foreign affairs after 9 11

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The Powers Of War And Peace

Author : John Yoo
ISBN : 9780226960333
Genre : Political Science
File Size : 20. 27 MB
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Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history. Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency. “Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration’s claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New York Times “Yoo’s theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review

The War Power

Author : Louis Fisher
ISBN : 9780872291614
Genre : War and emergency powers
File Size : 36. 54 MB
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The Powers Of The Presidency

Author : Congressional Quarterly, inc
ISBN : 9781452226279
Genre : Political Science
File Size : 88. 15 MB
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Providing both a historical and contemporary perspective on presidential powers, The Powers of the Presidency guides readers through the presidency as a constitutional office, covering how it was shaped by design at the Constitutional Convention in 1787 and by later constitutional amendments, Supreme Court decisions, and custom and precedent. It discusses the various roles of the chief executive, including chief of state, chief administrator, legislative leader, chief diplomat, commander in chief, and chief economist. The fourth edition of this accessible and affordable work has been significantly updated and features: - coverage of the final years of George W. Bush and the first three years of Barack Obama′s presidency - extensive coverage of the Obama Administration′s efforts to curb economic decline - updates on the wars in Iraq and Afghanistan, the killing of Osama bin Laden, and on the treatment of detainees at Guantanamo Bay - coverage of the Arab Spring protests and U.S. involvement in the military intervention in Libya �Barack Obama′s health care reform legislation

Unchecked And Unbalanced

Author : Schwarz O.
ISBN : 9781595587459
Genre : Political Science
File Size : 77. 4 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.

States Of War

Author : David William Bates
ISBN : 9780231528665
Genre : Political Science
File Size : 56. 96 MB
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We fear that the growing threat of violent attack has upset the balance between existential concepts of political power, which emphasize security, and traditional notions of constitutional limits meant to protect civil liberties. We worry that constitutional states cannot, during a time of war, terror, and extreme crisis, maintain legality and preserve civil rights and freedoms. David Williams Bates allays these concerns by revisiting the theoretical origins of the modern constitutional state, which, he argues, recognized and made room for tensions among law, war, and the social order. We traditionally associate the Enlightenment with the taming of absolutist sovereign power through the establishment of a legal state based on the rights of individuals. In his critical rereading, Bates shows instead that Enlightenment thinkers conceived of political autonomy in a systematic, theoretical way. Focusing on the nature of foundational violence, war, and existential crises, eighteenth-century thinkers understood law and constitutional order not as constraints on political power but as the logical implication of that primordial force. Returning to the origin stories that informed the beginnings of political community, Bates reclaims the idea of law, warfare, and the social order as intertwining elements subject to complex historical development. Following an analysis of seminal works by seventeenth-century natural-law theorists, Bates reviews the major canonical thinkers of constitutional theory (Locke, Montesquieu, and Rousseau) from the perspective of existential security and sovereign power. Countering Carl Schmitt's influential notion of the autonomy of the political, Bates demonstrates that Enlightenment thinkers understood the autonomous political sphere as a space of law protecting individuals according to their political status, not as mere members of a historically contingent social order.

Dishonorable Passions

Author : William N. Eskridge Jr.
ISBN : 9781440631108
Genre : History
File Size : 21. 5 MB
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From the Pentagon to the wedding chapel, there are few issues more controversial today than gay rights. As William Eskridge persuasively demonstrates in Dishonorable Passions, there is nothing new about this political and legal obsession. The American colonies and the early states prohibited sodomy as the crime against nature, but rarely punished such conduct if it took place behind closed doors. By the twentieth century, America’s emerging regulatory state targeted degenerates and (later) homosexuals. The witch hunts of the McCarthy era caught very few Communists but ruined the lives of thousands of homosexuals. The nation’s sexual revolution of the 1960s fueled a social movement of people seeking repeal of sodomy laws, but it was not until the Supreme Court’s decision in Lawrence v. Texas (2003) that private sex between consenting adults was decriminalized. With dramatic stories of both the hunted (Walt Whitman and Margaret Mead) and the hunters (Earl Warren and J. Edgar Hoover), Dishonorable Passions reveals how American sodomy laws affected the lives of both homosexual and heterosexual Americans. Certain to provoke heated debate, Dishonorable Passions is a must-read for anyone interested in the history of sexuality and its regulation in the United States

The Case For Congress

Author : Victor M. Hansen
ISBN : 0754675602
Genre : Law
File Size : 60. 97 MB
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Examining the constitutional relationship between Congress and the President in the post-September 11 world, this book focuses on the constitutional authority of Congress to serve as a check on executive decision-making. The Case for Congress offers recom

The Constitution And 9 11

Author : Louis Fisher
ISBN : STANFORD:36105131662301
Genre : History
File Size : 83. 96 MB
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The author assesses the longstanding tension between protecting constitutional rights and safeguarding national security in a study that focuses on how the Bush administration's responses to 9/11 have threatened the Constitution and the rights it protects. Simultaneous.

American Foreign Policy 07 08

Author : Glenn Hastedt
ISBN : 0073397350
Genre : Political Science
File Size : 65. 71 MB
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This Thirteenth Edition of ANNUAL EDITIONS: AMERICAN FOREIGN POLICY provides convenient, inexpensive access to current articles selected from the best of the public press. Organizational features include: an annotated listing of selected World Wide Web sites; an annotated table of contents; a topic guide; a general introduction; brief overviews for each section; a topical index; and an instructor’s resource guide with testing materials. USING ANNUAL EDITIONS IN THE CLASSROOM is offered as a practical guide for instructors. ANNUAL EDITIONS titles are supported by our student website, www.mhcls.com/online.

The Revolutionary Constitution

Author : David J. Bodenhamer
ISBN : 9780199913039
Genre : History
File Size : 62. 58 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.

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