The Constitution and Foreign Affairs after 9/11

Author: John Yoo

Publisher: University of Chicago Press

ISBN: 0226960331

Category: Political Science

Page: 378

View: 2343

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
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Author: Louis Fisher

Publisher: N.A

ISBN: 9780700606900

Category: Political Science

Page: 245

View: 7247

Fisher chronicles the expansion of the president's power to make war.
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An Insider's Account of the War on Terror

Author: John Yoo

Publisher: Open Road + Grove/Atlantic

ISBN: 9781555847630

Category: Political Science

Page: 224

View: 7532

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, John 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. “At its core, War by Other Means offers spirited, detailed and often enlightening accounts of the decision-making process behind the key 2001-03 legal decisions.” —The Washington Post “Unambiguous and combative, Yoo’s philosophy is sure to spark further debate.” —Publishers Weekly
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Author: Arthur Meier Schlesinger

Publisher: Houghton Mifflin Harcourt

ISBN: 9780618420018

Category: History

Page: 589

View: 813

The presidential historian charts the progression of American power from George Washington to George W. Bush, revealing the exercise of power through the office as it has developed into an "imperial" seat of authority, in an updated edition of the classic history. Reprint.
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A History of Executive Power from George Washington to the Present

Author: John Yoo

Publisher: Kaplan Trade

ISBN: 9781607148562

Category: History

Page: 560

View: 8941

New and updated in paperback—the remarkable history of American presidential executive power from one of today’s most famous legal scholars. “…an eloquent, fact-laden history of audacious power grabs by American presidents going back to George Washington.” — New York Times Magazine However bitter, complex, and urgent today’s controversies over executive power may be, John Yoo reminds us that they are nothing new. In Crisis and Command, Yoo explores a factor too little consulted in current debates: the past. Through shrewd and lucid analysis, he shows how the bold decisions made by Washington, Jefferson, Jackson, Lincoln, and FDR changed more than just history—they transformed the role of the American president. The paperback edition of Crisis and Command features a new preface and epilogue by the author, giving the most up-to-the-minute insight into the ongoing national debate over presidential power. Written in clear, accessible prose, Crisis and Command maintains a manageable scope by focusing on the strongest and most relevant examples throughout history, from George Washington to Barack Obama.
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Institutions, Strategic Restraint, and the Rebuilding of Order after Major Wars, New Edition - New Edition

Author: G. John Ikenberry

Publisher: Princeton University Press

ISBN: 140088084X

Category: Political Science

Page: 336

View: 3403

The end of the Cold War was a "big bang" reminiscent of earlier moments after major wars, such as the end of the Napoleonic Wars in 1815 and the end of the world wars in 1919 and 1945. But what do states that win wars do with their newfound power, and how do they use it to build order? In After Victory, John Ikenberry examines postwar settlements in modern history, arguing that powerful countries do seek to build stable and cooperative relations, but the type of order that emerges hinges on their ability to make commitments and restrain power. He explains that only with the spread of democracy in the twentieth century and the innovative use of international institutions—both linked to the emergence of the United States as a world power—has order been created that goes beyond balance of power politics to exhibit "constitutional" characteristics. Blending comparative politics with international relations, and history with theory, After Victory will be of interest to anyone concerned with the organization of world order, the role of institutions in world politics, and the lessons of past postwar settlements for today.
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The Relentless Rise of Presidential Authority and Secrecy

Author: Charlie Savage

Publisher: Little, Brown

ISBN: 0316286605

Category: Political Science

Page: 688

View: 5797

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.
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Law in the Age of Small Wars

Author: Ganesh Sitaraman

Publisher: Oxford University Press

ISBN: 0199930317

Category: History

Page: 328

View: 5798

When the U.S. military began its "surge" in Iraq in 2006, counterinsurgency effectively became its dominant approach for fighting wars. Yet many of the major controversies and debates surrounding counterinsurgency operations have turned not on military questions but on legal ones: Who can the U.S. military attack with drones? Is the occupation of Iraq legitimate? What tradeoffs should the military make between self-protection and civilian casualties? What is the right framework for negotiating with the Taliban? How can we build the rule of law in Afghanistan? The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. It explains why law matters in counterinsurgency, how law operates during counterinsurgency, and how law and counterinsurgency strategy can be better integrated. As Ganesh Sitaraman shows, far from being opposed, law and strategy are aligned and reinforcing. Following the laws of war is not just the right thing to do, it is strategically beneficial. Reconciliation with enemies can both end the conflict and preserve the possibility of justice for war crimes. Building the rule of law is not simply altruistic "nation-building," but an important strategy for success. The first book on law and counterinsurgency strategy, The Counterinsurgent's Constitution seamlessly integrates law and military strategy to illuminate some of the most pressing issues in warfare and the transition from war to peace.
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Why Democracy Won in the 20th Century and how it is Still Imperiled

Author: Azar Gat

Publisher: Rowman & Littlefield

ISBN: 9781442201149

Category: Political Science

Page: 228

View: 3096

Azar Gat provides a politically and strategically vital understanding of the peculiar strengths and vulnerabilities that liberal democracy brings to the formidable challenges ahead. Arguing that the democratic peace is merely one manifestation of much more sweeping and less recognized pacifist tendencies typical of liberal democracies, Gat offers a panoramic view of their distinctive way in conflict and war.
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Author: Beverley Milton-Edwards

Publisher: John Wiley & Sons

ISBN: 1509520864

Category: Political Science

Page: 388

View: 8009

The fourth edition of this dynamic and popular text provides a comprehensive introduction to contemporary politics in the Middle East. Fully revised and updated throughout, it features a new chapter on the Arab Spring and its aftermath, plus a wide range of vibrant case studies, data, questions for class discussion and suggestions for further reading. Purposefully employing a clear thematic structure, the book begins by introducing key concepts and contentious debates before outlining the impact of colonialism, and the rise and relevance of Arab nationalism in the region. Major political issues affecting the Middle East are then explored in full. These include political economy, conflict, political Islam, gender, the regional democracy deficit, and ethnicity and minorities. The book also examines the role of key foreign actors, such as the USA, Russia and the EU, and concludes with an in-depth analysis of the Arab uprisings and their impact in an era of uncertainty.
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Original and Contemporary

Author: Louis Fisher

Publisher: American Historical Assn.

ISBN: 0872291618

Category: War and emergency powers

Page: 67

View: 4782

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The Myth of National Exclusivity

Author: Michael J. Glennon,Robert D. Sloane

Publisher: Oxford University Press

ISBN: 0199355908

Category: Law

Page: 304

View: 5774

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.
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How Cyber, Robots, and Space Weapons Change the Rules for War

Author: Jeremy Rabkin,John Yoo

Publisher: Encounter Books

ISBN: 1594038880

Category: Political Science

Page: 304

View: 680

Threats to international peace and security include the proliferation of weapons of mass destructions, rogue nations, and international terrorism. The United States must respond to these challenges to its national security and to world stability by embracing new military technologies such as drones, autonomous robots, and cyber weapons. These weapons can provide more precise, less destructive means to coerce opponents to stop WMD proliferation, clamp down on terrorism, or end humanitarian disasters. Efforts to constrain new military technologies are not only doomed, but dangerous. Most weapons in themselves are not good or evil; their morality turns on the motives and purposes for the war itself. These new weapons can send a strong message without cause death or severe personal injury, and as a result can make war less, rather than more, destructive.
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The Wars for the Twenty-first Century

Author: Philip Bobbitt

Publisher: Penguin UK

ISBN: 0141916826

Category: Political Science

Page: 688

View: 8072

The wars against terror have begun, but it will take some time before the nature and composition of these wars is widely understood. The objective of these wars is not the conquest of territory, or the silencing of any particular ideology, but rather to secure the necessary environment for states to operate according to principles of consent and make it impossible for our enemies to impose or induce states of terror. Terror and Consent argues that, like so many states and civilizations in the past that suffered defeat, we are fighting the last war, with weapons and concepts that were useful to us then but have now been superseded. Philip Bobbitt argues that we need to reforge links that previous societies have made between law and strategy; to realize how the evolution of modern states has now produced a globally networked terrorism that will change as fast as we can identify it; to combine humanitarian interests with strategies of intervention; and, above all, to rethink what 'victory' in such a war, if it is a war, might look like - no occupied capitals, no treaties, no victory parades, but the preservation, protection and defence of states of consent. This is one of the most challenging and wide-ranging books of any kind about our modern world.
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Final Report of the National Commission on Terrorist Attacks Upon the United States. Authorized Edition

Author: National Commission on Terrorist Attacks upon the United States

Publisher: W. W. Norton & Company

ISBN: 9780393060416

Category: History

Page: 604

View: 8320

Provides the final report of the 9/11 Commission detailing their findings on the September 11 terrorist attacks.
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Essays in Honour of Professor Igor Blishchenko : in Memoriam Professor Igor Pavlovich Blishchenko (1930-2000)

Author: José Doria,Hans-Peter Gasser,M. Cherif Bassiouni

Publisher: BRILL

ISBN: 9004163085

Category: Law

Page: 1

View: 1744

This impressive and unique collection of essays covers important aspects of the legal regime of the International Criminal Court (ICC). The volume begins with an analysis of the historical development of the ICC, the progressive development of international humanitarian and international criminal law by the ad hoc Tribunals and the work of mixed national/international jurisdictions. The legal and institutional basis of the ICC is then dealt with in detail, including the organs of the ICC, war crimes, crimes against humanity and crimes of aggression, modes of liability before the ICC and defences before the ICC. Part III focuses on the court at work, including its procedural rules, criminal proceedings at the ICC, penalties and appeal and revision procedures. Part IV deals with the relationship of the ICC with states and international organizations. The contributors are established scholars in the field of international criminal and humanitarian law, many of whom are practitioners in the various tribunals.
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Author: David J. Bodenhamer

Publisher: Oxford University Press

ISBN: 019991303X

Category: History

Page: 296

View: 5012

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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Activists, Bureaucrats, and the Creation of the Legalistic State

Author: Charles R. Epp

Publisher: University of Chicago Press

ISBN: 0226211665

Category: Political Science

Page: 320

View: 1982

It’s a common complaint: the United States is overrun by rules and procedures that shackle professional judgment, have no valid purpose, and serve only to appease courts and lawyers. Charles R. Epp argues, however, that few Americans would want to return to an era without these legalistic policies, which in the 1970s helped bring recalcitrant bureaucracies into line with a growing national commitment to civil rights and individual dignity. Focusing on three disparate policy areas—workplace sexual harassment, playground safety, and police brutality in both the United States and the United Kingdom—Epp explains how activists and professionals used legal liability, lawsuit-generated publicity, and innovative managerial ideas to pursue the implementation of new rights. Together, these strategies resulted in frameworks designed to make institutions accountable through intricate rules, employee training, and managerial oversight. Explaining how these practices became ubiquitous across bureaucratic organizations, Epp casts today’s legalistic state in an entirely new light.
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Presidential Power in a Time of Terror

Author: Schwarz O.,Aziz Huq

Publisher: The New Press

ISBN: 1595587454

Category: Political Science

Page: 288

View: 6006

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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