unchecked and unbalanced presidential power in a time of terror

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Unchecked And Unbalanced

Author : Schwarz O.
ISBN : 9781595587459
Genre : Political Science
File Size : 63. 3 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.

The Presidency Of George W Bush

Author : Julian E. Zelizer
ISBN : 1400836301
Genre : History
File Size : 87. 22 MB
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The Presidency of George W. Bush brings together some of today's top American historians to offer the first in-depth look at one of the most controversial U.S. presidencies. Emotions surrounding the Bush presidency continue to run high--conservatives steadfastly defend its achievements, liberals call it a disgrace. This book examines the successes as well as the failures, covering every major aspect of Bush's two terms in office. It puts issues in broad historical context to reveal the forces that shaped and constrained Bush's presidency--and the ways his presidency reshaped the nation. The Presidency of George W. Bush features contributions by Mary L. Dudziak, Gary Gerstle, David Greenberg, Meg Jacobs, Michael Kazin, Kevin M. Kruse, Nelson Lichtenstein, Fredrik Logevall, Timothy Naftali, James T. Patterson, and the book's editor, Julian E. Zelizer. Each chapter tackles some important aspect of Bush's administration--such as presidential power, law, the war on terror, the Iraq invasion, economic policy, and religion--and helps readers understand why Bush made the decisions he did. Taking readers behind the headlines of momentous events, the contributors show how the quandaries of the Bush presidency were essentially those of conservatism itself, which was confronted by the hard realities of governance. They demonstrate how in fact Bush frequently disappointed the Right, and how Barack Obama's 2008 election victory cast the very tenets of conservatism in doubt. History will be the ultimate judge of Bush's legacy, and the assessment begins with this book.

The Case For Congress

Author : Victor M. Hansen
ISBN : 0754675602
Genre : Law
File Size : 34. 53 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

Presidential Power In Action

Author : D. Wheeler
ISBN : 9780230614734
Genre : Political Science
File Size : 22. 13 MB
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This book examines how Supreme Court detainee cases have been implemented, with emphasis on the role of the president, concluding that an active executive branch has the ability to shape the manner in which judicial decisions are implemented and exploring why presidents have more influence than Congress and the courts.

Two Presidents Are Better Than One

Author : David Orentlicher
ISBN : 9780814724453
Genre : Political Science
File Size : 40. 47 MB
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“Many Americans are unsatisfied with politics. Simultaneously, we are hesitant to question the basic soundness of our constitutional system. In this refreshingly provocative book, David Orentlicher explains why it is due time for us to reconsider dominant ideas about the presidency, now arguably our most powerful political institution. Challenging the conventional wisdom that the best executive is necessarily a unitary executive, Orentlicher makes a wonderful case for why ‘two presidents are better than one.’ Sure to be of interest to political scientists, legal scholars, as well as informed citizens justifiably worried about the fate of American democracy, this fascinating book dares to challenge everything you thought you knew about one of our favorite political institutions.”—William E. Scheuerman, Indiana University “Can Orentlicher be serious in calling for a plural executive? The answer is yes, and he presents thoughtful and challenging arguments responding to likely criticisms. Any readers who are other than completely complacent about the current state of American politics will have to admire Orentlicher’s distinctive audacity and to respond themselves to his well-argued points.”—Sanford Levinson, author of Framed: America’s 51 Constitutions and the Crisis of Governance When talking heads and political pundits make their “What’s Wrong with America” lists, two concerns invariably rise to the top: the growing presidential abuse of power and the toxic political atmosphere in Washington. In Two Presidents Are Better Than One, David Orentlicher shows how the “imperial presidency” and partisan conflict are largely the result of a deeper problem—the Constitution’s placement of a single president atop the executive branch. Accordingly, writes Orentlicher, we can fix our broken political system by replacing the one person, one-party presidency with a two-person, two-party executive branch. Orentlicher contends that our founding fathers did not anticipate the extent to which their checks and balances would fail to contain executive power and partisan discord. They also did not foresee how the imperial presidency would aggravate partisan conflict. As the stakes in presidential elections have grown ever higher since the New Deal, battles to capture the White House have greatly exacerbated partisan differences. Had the framers been able to predict the future, Orentlicher argues, they would have been far less enamored with the idea of a single leader at the head of the executive branch and far more receptive to the alternative proposals for a plural executive that they rejected. Like their counterparts in Europe, they might well have created an executive branch in which power is shared among multiple persons from multiple political parties. Analyzing the histories of other countries with a plural executive branch and past examples of bipartisan cooperation within Congress, Orentlicher shows us why and how to implement a two-person, two-party presidency. Ultimately, Two Presidents Are Better Than One demonstrates why we need constitutional reform to rebalance power between the executive and legislative branches and contain partisan conflict in Washington.

Orchestrating The Instruments Of Power

Author : D. Robert Worley
ISBN : 9781105783937
Genre : History
File Size : 84. 28 MB
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In Orchestrating the Instruments of Power, Worley presents the theories underlying choices in grand strategy, the instruments of power spread across the departments and agencies of government, the mechanisms for orchestrating the instruments, the major reforms proposed, and the political instabilities that make the reforms either necessary or unwise.

The International Human Rights Movement

Author : Aryeh Neier
ISBN : 9781400841875
Genre : Political Science
File Size : 74. 67 MB
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During the past several decades, the international human rights movement has had a crucial hand in the struggle against totalitarian regimes, cruelties in wars, and crimes against humanity. Today, it grapples with the war against terror and subsequent abuses of government power. In The International Human Rights Movement, Aryeh Neier--a leading figure and a founder of the contemporary movement--offers a comprehensive and authoritative account of this global force, from its beginnings in the seventeenth and eighteenth centuries to its essential place in world affairs today. Neier combines analysis with personal experience, and gives a unique insider's perspective on the movement's goals, the disputes about its mission, and its rise to international importance. Discussing the movement's origins, Neier looks at the dissenters who fought for religious freedoms in seventeenth-century England and the abolitionists who opposed slavery before the Civil War era. He pays special attention to the period from the 1970s onward, and he describes the growth of the human rights movement after the Helsinki Accords, the roles played by American presidential administrations, and the astonishing Arab revolutions of 2011. Neier argues that the contemporary human rights movement was, to a large extent, an outgrowth of the Cold War, and he demonstrates how it became the driving influence in international law, institutions, and rights. Throughout, Neier highlights key figures, controversies, and organizations, including Amnesty International and Human Rights Watch, and he considers the challenges to come. Illuminating and insightful, The International Human Rights Movement is a remarkable account of a significant world movement, told by a key figure in its evolution.

Taking Liberties

Author : Susan N. Herman
ISBN : 9780199911981
Genre : Political Science
File Size : 48. 21 MB
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In this eye-opening work, the president of the ACLU takes a hard look at the human and social costs of the War on Terror. Over a decade after 9/11, it is far from clear that the government's hastily adopted antiterrorist tactics--such as the Patriot Act--are keeping us safe, but it is increasingly clear that these emergency measures in fact have the potential to ravage our lives--and have already done just that to countless Americans. From the Oregon lawyer falsely suspected of involvement with terrorism in Spain to the former University of Idaho football player arrested on the pretext that he was needed as a "material witness" (though he was never called to testify), this book is filled with unsettling stories of ordinary people caught in the government's dragnet. These are not just isolated mistakes in an otherwise sound program, but demonstrations of what can happen when our constitutional protections against government abuse are abandoned. Whether it's running a chat room, contributing to a charity, or even urging a terrorist group to forego its violent tactics, activities that should be protected by the First Amendment can now lead to prosecution. Blacklists and watchlists keep people grounded at airports and strand American citizens abroad, although these lists are rife with errors--errors that cannot be challenged. National Security Letters allow the FBI to demand records about innocent people from libraries, financial institutions, and internet service providers without ever going to court. Government databanks now brim with information about every aspect of our private lives, while efforts to mount legal challenges to these measures have been stymied. Barack Obama, like George W. Bush, relies on secrecy and exaggerated claims of presidential prerogative to keep the courts and Congress from fully examining whether these laws and policies are constitutional, effective, or even counterproductive. Democracy itself is undermined. This book is a wake-up call for all Americans, who remain largely unaware of the post-9/11 surveillance regime's insidious and continuing growth.

Habeas Corpus After 9 11

Author : Jonathan Hafetz
ISBN : 0814773435
Genre : Political Science
File Size : 62. 11 MB
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The U.S. detention center at Guantánamo Bay has long been synonymous with torture, secrecy, and the abuse of executive power. It has come to epitomize lawlessness and has sparked protracted legal battles and political debate. For too long, however, Guantánamo has been viewed in isolation and has overshadowed a larger, interconnected global detention system that includes other military prisons such as Bagram Air Base in Afghanistan, secret CIA jails, and the transfer of prisoners to other countries for torture. Guantánamo is simply—and alarmingly—the most visible example of a much larger prison system designed to operate outside the law. Habeas Corpus after 9/11 examines the rise of the U.S.-run global detention system that emerged after 9/11 and the efforts to challenge it through habeas corpus (a petition to appear in court to claim unlawful imprisonment). Habeas expert and litigator Jonathan Hafetz gives us an insider’s view of the detention of “enemy combatants” and an accessible explanation of the complex forces that keep these systems running. In the age of terrorism, some argue that habeas corpus is impractical and unwise. Hafetz advocates that it remains the single most important check against arbitrary and unlawful detention, torture, and the abuse of executive power.

Essentials Of Strategic Intelligence

Author : Loch K. Johnson
ISBN : 9781440832284
Genre : Political Science
File Size : 47. 79 MB
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A highly valuable resource for students of intelligence studies, strategy and security, and foreign policy, this volume provides readers with an accessible and comprehensive exploration of U.S. espionage activities that addresses both the practical and ethical implications that attend the art and science of spying. • Provides a comprehensive, up-to-date examination of all aspects of intelligence by experts in the field, from collection-and-analysis and counterintelligence to covert action and accountability • Probes into how the United States' intelligence agencies attempt to protect the nation from cyberattacks by foreign nations and terrorist groups—and documents the successes and failures • Documents the involvement of the National Security Agency (NSA) in bulk "metadata" collection of information on the telephone records and social media communications of American citizens • Examines the effects that have resulted from major leaks in the U.S. government, from Wikileaks to the NSA Snowden leaks

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