[PDF] The Imperial Presidency And The Consequences Of 9 11 eBook

Author : Mark R. Shulman
Publisher : Bloomsbury Publishing USA
Page : 516 pages
File Size : 32,61 MB
Release : 2007-02-19
Category : Law
ISBN : 1567207081

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The issue of the imperial presidency, which is raised in connection with the Bush administration's response to the legal issues flowing from the 9/11 attacks, is one that now resonates broadly across the American political landscape: not just with Democrats, but with Republicans too; and not just with lawyers, but with the American public generally. Are the legal powers of the President unlimited in cases of terrorist attacks on the United States? Do the courts and legislatures have a role to play? How relevant is the U.S. Constitution in these instances? These reports, compiled by the NYC Bar Association merit wider distribution. Thus, Silkenat and Shulman have brought them together to give readers a clearer sense of what the rule of law really means to Americans. As noted in a New York Times editorial in January 2006: Nothing in the national consensus to combat terrorism after 9/11 envisioned the unilateral rewriting of more than 200 years of tradition and law by the president embarked on an ideological crusade Over the past few years, much lip service has been paid to the phrase rule of law. At the same time, the U.S. government has avoided basic rule of law principles by holding prisoners outside the law (off the books and out of Red Cross supervision, off shore or even on U.S. soil, but without due process or urgent matter that bears on the security of this country). In both volumes, learned practitioners and scholars argue in favor of adherence to time-tested principles. Each report has a preface that places the material in historical and legal context.

Author : Mark R. Shulman
Publisher : Praeger
Page : 280 pages
File Size : 44,7 MB
Release : 2007-02-19
Category : Law
ISBN : 9780275994402

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Are the legal powers of the President unlimited in cases of terrorist attacks on the United States? Do the courts and legislatures have a role to play? How relevant is the US Constitution in these instances? This work aims to give readers a clearer sense of what the rule of law really means to Americans.

Author : Dino P. Christenson
Publisher : University of Chicago Press
Page : 295 pages
File Size : 21,26 MB
Release : 2020-07-13
Category : Political Science
ISBN : 022670453X

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Throughout American history, presidents have shown a startling power to act independently of Congress and the courts. On their own initiative, presidents have taken the country to war, abolished slavery, shielded undocumented immigrants from deportation, declared a national emergency at the border, and more, leading many to decry the rise of an imperial presidency. But given the steep barriers that usually prevent Congress and the courts from formally checking unilateral power, what stops presidents from going it alone even more aggressively? The answer, Dino P. Christenson and Douglas L. Kriner argue, lies in the power of public opinion. With robust empirical data and compelling case studies, the authors reveal the extent to which domestic public opinion limits executive might. Presidents are emboldened to pursue their own agendas when they enjoy strong public support, and constrained when they don’t, since unilateral action risks inciting political pushback, jeopardizing future initiatives, and further eroding their political capital. Although few Americans instinctively recoil against unilateralism, Congress and the courts can sway the public’s view via their criticism of unilateral policies. Thus, other branches can still check the executive branch through political means. As long as presidents are concerned with public opinion, Christenson and Kriner contend that fears of an imperial presidency are overblown.

Author : Arthur Meier Schlesinger
Publisher : Houghton Mifflin Harcourt
Page : 630 pages
File Size : 13,70 MB
Release : 2004
Category : Executive power
ISBN : 9780618420018

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Author : Katherine Elizabeth Ellison
Publisher :
Page : 431 pages
File Size : 38,57 MB
Release : 2013
Category :
ISBN :

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This project offers a fundamental rethinking of the origins of the imperial presidency, taking an interdisciplinary approach as perceived through the interactions of the executive, legislative, and judiciary branches of government during the 1930s, 1940s, and 1950s. In light of the end of the Cold War and twenty first century recurrence of the imperial presidency after the September 11, 2001 attacks, the original thesis proposed by historian Arthur M. Schlesinger Jr. in The Imperial Presidency and other works based on the periodization of the Cold War is in need of updating. By utilizing legal theories, political science models, and historical analysis, this project creates a more complete concept of how governmental players and bodies interacted in the post World War II United States, creating an environment conducive to the construction of an imperial presidency in the future and decentering the executive overall. A combination of legal realism, rhetorical analysis, the two presidencies theory, rally effect concepts, and political models such as the attitudinal model, cue theory, and distributive politics take this project beyond a simple historical study by focusing on the background, mindset, and behavior of political actors involved, not just their documents. Tying all of this together, I argue, is the concept of continuous warfare, a liminal zone of political malleability between traditional peace and traditional war, which governmental actors utilize for their purposes, prerogatives, and agendas. Stretching beyond the Cold War and into the present day, the ambiguous nature of continuous warfare systematically persuaded Congress and the Supreme Court of the United States to give up their governmental checks on the Commander in Chief during the forties and fifties. This perpetual imbalance of power creates a sturdy structure that might house an imperial president. Additionally, the American people, manipulated by governmental actors within the allowances of continuous warfare, came to accept this liminal zone as a new version of peace in the United States, creating the illusion of safety and security, a house of peace. The American public's willingness to accept continuous warfare under the pretense of peace reinforced the structural imbalance of power that continues to house a strong executive.

Author : Spencer C. Tucker
Publisher : Bloomsbury Publishing USA
Page : 2392 pages
File Size : 34,84 MB
Release : 2020-10-27
Category : History
ISBN : 1440860769

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This sweeping reference work covers every aspect of the Cold War, from its ignition in the ashes of World War II, through the Berlin Wall and the Cuban Missile Crisis, to the collapse of the Soviet Union in 1991. The Cold War superpower face-off between the Soviet Union and the United States dominated international affairs in the second half of the 20th century and still reverberates around the world today. This comprehensive and insightful multivolume set provides authoritative entries on all aspects of this world-changing event, including wars, new military technologies, diplomatic initiatives, espionage activities, important individuals and organizations, economic developments, societal and cultural events, and more. This expansive coverage provides readers with the necessary context to understand the many facets of this complex conflict. The work begins with a preface and introduction and then offers illuminating introductory essays on the origins and course of the Cold War, which are followed by some 1,500 entries on key individuals, wars, battles, weapons systems, diplomacy, politics, economics, and art and culture. Each entry has cross-references and a list of books for further reading. The text includes more than 100 key primary source documents, a detailed chronology, a glossary, and a selective bibliography. Numerous illustrations and maps are inset throughout to provide additional context to the material.

Author : Scott Nicholas Romaniuk
Publisher : Springer
Page : 1084 pages
File Size : 12,24 MB
Release : 2017-07-26
Category : Political Science
ISBN : 1137557699

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The Palgrave Handbook of Global Counterterrorism Policy examines a comprehensive range of counterterrorism policies, strategies, and practices across dozens of states and actors around the world. It covers the topics of terrorism and counterterrorism both thematically and by region, allowing for discussions about the underpinning dynamics of these fields, consideration of how terrorism and counterterrorism are evolving in the modern period, and in-depth analyses of individual states and non-state actors, and their approaches to countering terrorism and terrorist threats. It draws upon a multidisciplinary range of established scholars and upcoming new researchers from across multiple fields including political science and international relations, sociology, and history, examining both theory and practice in their respective chapters. This volume is an essential resource for scholars and practitioners alike.

Author : Spencer Ackerman
Publisher : Penguin
Page : 449 pages
File Size : 30,17 MB
Release : 2022-08-09
Category : Political Science
ISBN : 1984879790

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A New York Times Critics’ Top Book of 2021 "An impressive combination of diligence and verve, deploying Ackerman’s deep stores of knowledge as a national security journalist to full effect. The result is a narrative of the last 20 years that is upsetting, discerning and brilliantly argued." —The New York Times "One of the most illuminating books to come out of the Trump era." —New York Magazine An examination of the profound impact that the War on Terror had in pushing American politics and society in an authoritarian direction For an entire generation, at home and abroad, the United States has waged an endless conflict known as the War on Terror. In addition to multiple ground wars, the era pioneered drone strikes and industrial-scale digital surveillance; weakened the rule of law through indefinite detentions; sanctioned torture; and manipulated the truth about it all. These conflicts have yielded neither peace nor victory, but they have transformed America. What began as the persecution of Muslims and immigrants has become a normalized feature of American politics and national security, expanding the possibilities for applying similar or worse measures against other targets at home, as the summer of 2020 showed. A politically divided and economically destabilized country turned the War on Terror into a cultural—and then a tribal—struggle. It began on the ideological frontiers of the Republican Party before expanding to conquer the GOP, often with the acquiescence of the Democratic Party. Today’s nativist resurgence walked through a door opened by the 9/11 era. And that door remains open. Reign of Terror shows how these developments created an opportunity for American authoritarianism and gave rise to Donald Trump. It shows that Barack Obama squandered an opportunity to dismantle the War on Terror after killing Osama bin Laden. By the end of his tenure, the war had metastasized into a bitter, broader cultural struggle in search of a demagogue like Trump to lead it. Reign of Terror is a pathbreaking and definitive union of journalism and intellectual history with the power to transform how America understands its national security policies and their catastrophic impact on civic life.

Author : Mahnoush H. Arsanjani
Publisher : BRILL
Page : 1118 pages
File Size : 18,57 MB
Release : 2010-10-15
Category : Law
ISBN : 9047427076

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Throughout his career, Michael Reisman emphasized law’s function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community.The result is a volume of outstanding scholarship that will appeal to all those – lawyers, political scientists, and educated laymen— interested in international law, legal theory, human rights, international investment law and commercial arbitration, boundary issues, law of the sea, and law of armed conflict.