The Constitution and Foreign Affairs after 9/11

Author: John Yoo

Publisher: University of Chicago Press

ISBN: 0226960331

Category: Political Science

Page: 378

View: 7382

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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Original and Contemporary

Author: Louis Fisher

Publisher: American Historical Assn.

ISBN: 0872291618

Category: War and emergency powers

Page: 67

View: 3362

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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: 1939

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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Separation of Powers and the War on Terror

Author: Victor M. Hansen,Lawrence Meir Friedman

Publisher: Ashgate Publishing, Ltd.

ISBN: 9780754675600

Category: Law

Page: 135

View: 9140

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
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Author: Steven W. Hook,Christopher M. Jones

Publisher: Routledge

ISBN: 1135967342

Category: Political Science

Page: 480

View: 7165

No nation has maintained such an immense stature in world politics as the United States has since the Cold War’s end. In the wake of the 9/11 attacks, prompting the global war on terrorism and the U.S. invasion of Afghanistan and Iraq, along with American economic and "soft power" primacy, there has been increased interest in and scrutiny of American foreign policy. The Routledge Handbook of American Foreign Policy brings together leading experts in the field to examine current trends in the way scholars study the history and theories of American conduct in the world, analysis of state and non-state actors and their tools in conducting policy, and the dynamics of a variety of pressing transnational challenges facing the United States. This volume provides a systematic overview of all aspects of American foreign policy and drives the agenda for further, cutting edge research. Contributors bring analytic depth and breadth to both the ways in which this subject is approached and the substance of policy formulation and process. The Handbook is an invaluable resource to students, researchers, scholars, and journalists trying to make sense of the broader debates in international relations.
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Author: David J. Bodenhamer

Publisher: Oxford University Press

ISBN: 019991303X

Category: History

Page: 296

View: 4772

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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Enlightenment Origins of the Political

Author: David William Bates

Publisher: Columbia University Press

ISBN: 0231528663

Category: Political Science

Page: 272

View: 2682

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.
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Sodomy Laws in America, 1861-2003

Author: William N. Eskridge Jr.

Publisher: Penguin

ISBN: 1440631107

Category: History

Page: 528

View: 3432

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
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Author: Eric Schickler,Frances E. Lee

Publisher: OUP Oxford

ISBN: 0191628263

Category: Political Science

Page: 944

View: 9336

No legislature in the world has a greater influence over its nation's public affairs than the US Congress. The Congress's centrality in the US system of government has placed research on Congress at the heart of scholarship on American politics. Generations of American government scholars working in a wide range of methodological traditions have focused their analysis on understanding Congress, both as a lawmaking and a representative institution. The purpose of this volume is to take stock of this impressive and diverse literature, identifying areas of accomplishment and promising directions for future work. The editors have commissioned 37 chapters by leading scholars in the field, each chapter critically engages the scholarship focusing on a particular aspect of congressional politics, including the institution's responsiveness to the American public, its procedures and capacities for policymaking, its internal procedures and development, relationships between the branches of government, and the scholarly methodologies for approaching these topics. The Handbook also includes chapters addressing timely questions, including partisan polarization, congressional war powers, and the supermajoritarian procedures of the contemporary Senate. Beyond simply bringing readers up to speed on the current state of research, the volume offers critical assessments of how each literature has progressed - or failed to progress - in recent decades. The chapters identify the major questions posed by each line of research and assess the degree to which the answers developed in the literature are persuasive. The goal is not simply to tell us where we have been as a field, but to set an agenda for research on Congress for the next decade. The Oxford Handbooks of American Politics are a set of reference books offering authoritative and engaging critical overviews of the state of scholarship on American politics. Each volume focuses on a particular aspect of the field. The project is under the General Editorship of George C. Edwards III, and distinguished specialists in their respective fields edit each volume. The Handbooks aim not just to report on the discipline, but also to shape it as scholars critically assess the scholarship on a topic and propose directions in which it needs to move. The series is an indispensable reference for anyone working in American politics. General Editor for The Oxford Handbooks of American Politics: George C. Edwards III
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War Powers in an Age of Terror

Author: Seth Harold Weinberger

Publisher: ABC-CLIO

ISBN: 0313360391

Category: Political Science

Page: 181

View: 3005

The United States' War on Terror lacks identifiable enemies and obvious front lines. It is fought on the battlefields of Iraq and Afghanistan by conventional military forces, in the deserts of Yemen and mountains of Pakistan by Special Operations forces, in the detention centers of Guantánamo Bay by lawyers, and on the domestic front by intelligence agencies. The tools used in this amorphous war have raised questions concerning the nature and scope of executive power, as well as about broader constitutional issues regarding the balance of presidential and legislative war powers. Given the distinctive and potentially endless nature of the War on Terror, it is vitally important to clarify and resolve these issues. Restoring the Balance: War Powers in an Age of Terror advances a theory of war powers that provides a framework for the effective and efficient conduct of the War on Terror. It argues that the constitutional grant of the power to declare war accorded Congress should be understood as the power to give the president extraordinary domestic legislative authority in order to defend the nation. In the absence of a declaration of war, then, Congress's legislative power provides a meaningful check on the ability of the president to alter domestic laws. Restoring the Balance challenges the conventional arguments on both sides of the debate over war powers, using constitutional theory, case law, and political precedent to provide a pragmatic, policy-based theory on the question of war powers in the age of international terror. Casting the "declare war" clause in a new light, it develops an original constitutional interpretation of the appropriate balance between presidential and congressional war powers. Author Seth Weinberger advances a novel understanding of the power to declare war, arguing that the president has broad inherent constitutional powers to deploy U.S. armed forces abroad without specific authorization from Congress. However, without such authorization the president is limited when taking actions that affect the legal status of persons within the United States itself. In short, Restoring the Balance demands that Congress recognize its constitutionally endowed responsibility and take a more substantial role in protecting domestic civil liberties and the fragile balance created by the Constitution.
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The Right Man?

Author: I. Morgan,P. Davies

Publisher: Springer

ISBN: 0230114334

Category: Political Science

Page: 229

View: 5025

This book examines the legacy of the Bush presidency in term of presidential leadership, politics, and public policy. It focuses on Bush's expansion of presidential power in pursuit of the 'war on terror,' the ideological and pragmatic foundations of presidential politics, and the complexity of Bush's domestic and foreign policy legacies.
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Author: Kenneth B. Moss

Publisher: Johns Hopkins Univ Pr

ISBN: N.A

Category: Law

Page: 298

View: 5781

Undeclared wars have a history in the United States almost as old as the country itself and bear an importance that has grown along with the nation's power, international status, and technological proficiency. Kenneth B. Moss's highly original argument in Undeclared War and the Future of U.S. Foreign Policy demonstrates that though the framers of the Constitution had a broad notion of the varieties of war and the authority under which they would be undertaken without a formal declaration, Congress and the President are leading the United States into conflicts without fundamental oversight and accountability. The concentration of power in the president's hands is particularly troubling to Moss, and he traces the shift to congressional deference and even timidity. Presidential accountability to Congress and the public for limited wars has been harmfully weak, most recently in the wars against Vietnam and Iraq, says the author, and he proposes a new strategy for improving congressional institutions for oversight.
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recurring threats to America's freedoms

Author: Louis Fisher

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 394

View: 3806

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.
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Author: Glenn Hastedt

Publisher: Dushkin Publishing Group

ISBN: 9780073397351

Category: Political Science

Page: 221

View: 9435

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.
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A Contextual Analysis

Author: Mark Tushnet

Publisher: Bloomsbury Publishing

ISBN: 1847317065

Category: Law

Page: 288

View: 8836

This book provides a critical introduction to the history and current meaning of the United States' Constitution. It is organised around two themes: Firstly, the US Constitution is old, short, and difficult to amend. These characteristics have made constitutional 'interpretation', especially by the US Supreme Court, the primary mechanism for adapting the Constitution to ever-changing reality. Secondly, the Constitution creates a structure of political opportunities that allows political actors, including political parties, to pursue the preferred policy goals even to the point of altering the very structure of politics. Politics, that is, often gives meaning to the Constitution. Deploying these themes to examine the structure of the national government, federalism, judicial review, and individual rights, the book provides basic information about, and deeper insights into, the way the US constitutional system has developed and what it means today.
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Author: Nicholas Hagger

Publisher: Duncan Baird Publishers

ISBN: 1780282125

Category: Social Science

Page: 272

View: 4516

Until the present time there have been seven stages of United States expansionism - from the Federal unification of the original states to the 'New World Order' planned by US-led commercial elites before and after 1989. Extrapolating both from the author's distinctive reading of history and the evidence of President Obama's own speeches and actions, The Secret American Dream proposes that the US now faces a new, eighth, phase of expansion. In this, the traditional 'American Dream' of peace, social order and prosperity would be extended to all humankind. This ambitious plan - little known and understood outside President Obama's inner circle - would involve the creation of a benevolent World State initiated, but not dominated, by the United States. The Secret American Dream suggests that the first step in establishing the World State - a supranational authority with legal powers to abolish war and nuclear weapons - would be a visit by the US President to the UN General Assembly requesting a World Constitutional Convention. Under the President's proposals, the existing UN General Assembly would become an elected, 850-seat lower house, alongside a new World Senate and an executive called the World Commission. A senatorial World Openness Committee would control the world's commercial elites and harness their positive skills and energies. Founded on altruistic and philanthropic principles, the World State would bring global peace, disarmament and the opportunity of prosperity to every individual on Earth. The abolition of war and nuclear stockpiles would remove the threat of nuclear war and the possibility of ex-Soviet nuclear weapons falling into terrorist hands. It would also create a 'peace dividend' of nearly US$1.5 trillion per year, which could be spent on eliminating world poverty, disease and famine; on guaranteeing financial instability and a minimum income for all; and on solving energy and environmental problems. Initiatives by President Obama in a range of areas, such as his recent nuclear disarmament deal with Russia, show that he is already taking steps to implement this 'secret' American Dream.
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Author: David Ray Griffin,Peter Dale Scott

Publisher: Interlink Books

ISBN: 9781566566599

Category: History

Page: 247

View: 3046

Were the military and the FAA really that incompetent? Were our intelligence-gathering agencies really in the dark about 9/11? How could so much go wrong at once, in the world's strongest and most technologically sophisticated country? Both the government and the mainstream media have tried to portray the 9/11 truth movement as led by people who can be dismissed as "conspiracy theorists." This volume shows this caricature to be untrue. Coming from different academic disciplines as well as from different parts of the world, the authors are united In the conviction that the official story about 9/11 is a huge deception manufactured to extend Imperial control at home and abroad.
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