Search Results for "military-tribunals-presidential-power-american-revolution-to-the-war-on-terrorism"

Military Tribunals and Presidential Power

Military Tribunals and Presidential Power

American Revolution to the War on Terrorism

  • Author: Louis Fisher
  • Publisher: N.A
  • ISBN: 9780700613755
  • Category: Law
  • Page: 279
  • View: 8924
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Although the use of military tribunals can be necessary and even effective in times of war, Louis Fisher contends that these courts present a grave danger to open government and the separation of powers. Citing the constitutional provision vesting Congress with the authority to create tribunals, Fisher addresses the threats posed by the dramatic expansion of presidential power in time of war - and the meek efforts of Congress and the judiciary to curb it. "Military Tribunals and Presidential Power" is the only book to offer detailed and comprehensive coverage of these extra-legal courts, taking in the sweep of American history from colonial times to today's headlines. Focusing on those periods when the Constitution and civil liberties have been most severely tested by threats to national security, Fisher critiques tribunals called during the presidencies of Washington, Madison, Jackson, Lincoln, Andrew Johnson, Wilson, Franklin Roosevelt, and Truman. He also examines other presidential actions that present military justifications to augment political power, such as suspending the writ of habeas corpus, invoking martial law, and using courts-martial to try U.S. citizens. Fisher also analyzes how the Bush administration relied heavily on precedents set in World War II - notably the Supreme Court's opinion regarding Nazi saboteurs, Ex parte Quirin, a case shown in recent times to have been a rush to judgment. He scrutinizes the much-publicized cases of John Walker Lindh, Yaser Esam Hamdi, Jose Padilla, Zacarias Moussaoui, and the Guantanamo detainees to reveal how the executive branch has gone far beyond the bounds of even Quirin, and he suggests that it is short-sighted to believe that what was only tolerable half a century ago should be accepted as a given today. Fisher's book cuts to the bone of current controversies and sounds an alarm for maintaining the checks and balances we value as a nation.

The Revolutionary Constitution

The Revolutionary Constitution

  • Author: David J. Bodenhamer
  • Publisher: Oxford University Press
  • ISBN: 019991303X
  • Category: History
  • Page: 296
  • View: 5826
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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.

Unchecked And Unbalanced

Unchecked And Unbalanced

Presidential Power in a Time of Terror

  • Author: Schwarz O.,Aziz Huq
  • Publisher: The New Press
  • ISBN: 1595587454
  • Category: Political Science
  • Page: 288
  • View: 1507
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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 Cambridge History of Law in America

The Cambridge History of Law in America

  • Author: Michael Grossberg,Christopher Tomlins
  • Publisher: Cambridge University Press
  • ISBN: 0521803063
  • Category: History
  • Page: 869
  • View: 7933
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This volume covers American law in the nineteenth century and describes the development of modern legal systems.

Kritische Verfassungspolitologie

Kritische Verfassungspolitologie

das Staatverständnis von Otto Kirchheimer

  • Author: Robert Christian van Ooyen
  • Publisher: N.A
  • ISBN: N.A
  • Category: History
  • Page: 251
  • View: 3652
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On Appreciating Congress

On Appreciating Congress

The People's Branch (On Politics)

  • Author: Louis Fisher
  • Publisher: Oxford University Press
  • ISBN: 0199945934
  • Category: Political Science
  • Page: 192
  • View: 732
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This book explains why Congress is the indispensable institution for safeguarding popular, democratic, and constitutional government. Even though its record over the past two centuries presents a mixed picture, the record of the other two branches is also decidedly mixed. The author has worked for Congress for the past four decades and writes from a perspective that intimately understands its shortcomings while appreciating its strengths. He contends that portraying Congress as so inherently inept that it must be kept subordinate to presidential or judicial power is misguided and uninformed. The Constitution looks to Congress as the first branch because it is the institution through which citizens at the local and state level engage in self-government. Although Presidents claim to be the national representative, they cannot substitute for the knowledge and legitimacy brought by members of Congress. Congress, after all, is the people's branch and this book restores it to its rightful claim.

Arguing Counterterrorism

Arguing Counterterrorism

New perspectives

  • Author: Daniela Pisoiu
  • Publisher: Routledge
  • ISBN: 1136179348
  • Category: Political Science
  • Page: 320
  • View: 8348
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This book offers a multifaceted, analytical account of counterterrorism argumentative speech. Traditionally, existing scholarship in this field of research has taken a selective focus on issues and actors, concentrating mainly on US state discourse after 9/11. However, this approach ignores the fact that there was counterterrorism speech before 9/11, and that there are other countries and other actors who also actively engage in the counterterrorism discursive field, both within and outside of the Western world. Addressing several thematic, chronological and methodological gaps in the current literature, Arguing Counterterrorism offers a dynamic perspective on counterterrorism argumentative speech. Over the course of the volume, the authors tackle the following key issues: first, historical and cultural continuity and change. Second, the phenomenology of counterterrorism speech: its nature, instrumentalisation, implications and interactions between the various actors involved. The third theme is the anatomy of counterterrorism speech; namely its political, cultural and linguistic constitutive elements. Employing a multi-disciplinary framework, the authors explore these issues through a geographically and historically diverse range of case studies, resulting in a book that broadens the perspective of counterterrorism argumentation analysis. This book will be of much interest to students of critical terrorism studies, counterterrorism, discourse analysis, security studies and IR.

Waging War

Waging War

The Clash Between Presidents and Congress, 1776 to ISIS

  • Author: David J. Barron
  • Publisher: Simon and Schuster
  • ISBN: 1451681976
  • Category: History
  • Page: 576
  • View: 6227
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“Vivid…Barron has given us a rich and detailed history.” —The New York Times Book Review “Ambitious...a deep history and a thoughtful inquiry into how the constitutional system of checks and balances has functioned when it comes to waging war and making peace.” —The Washington Post A timely account of a raging debate: The history of the ongoing struggle between the presidents and Congress over who has the power to declare and wage war. The Constitution states that it is Congress that declares war, but it is the presidents who have more often taken us to war and decided how to wage it. In Waging War, David J. Barron opens with an account of George Washington and the Continental Congress over Washington’s plan to burn New York City before the British invasion. Congress ordered him not to, and he obeyed. Barron takes us through all the wars that followed: 1812, the Mexican War, the Civil War, the Spanish-American war, World Wars One and Two, Korea, Vietnam, Iraq, and now, most spectacularly, the War on Terror. Congress has criticized George W. Bush for being too aggressive and Barack Obama for not being aggressive enough, but it avoids a vote on the matter. By recounting how our presidents have declared and waged wars, Barron shows that these executives have had to get their way without openly defying Congress. Waging War shows us our country’s revered and colorful presidents at their most trying times—Washington, Lincoln, Theodore Roosevelt, Franklin Roosevelt, Truman, Eisenhower, John F. Kennedy, Johnson, both Bushes, and Obama. Their wars have made heroes of some and victims of others, but most have proved adept at getting their way over reluctant or hostile Congresses. The next president will face this challenge immediately—and the Constitution and its fragile system of checks and balances will once again be at the forefront of the national debate.

Waging War on Trial

Waging War on Trial

A Handbook with Cases, Laws, and Documents

  • Author: Brian R. Dirck
  • Publisher: ABC-CLIO
  • ISBN: 1576079481
  • Category: Law
  • Page: 342
  • View: 5219
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Examines how the United States decides to wage war, focusing on war-making issues and controversies and discussing the impact of war on American society, the role of the legal system, and debates about wartime policies.

Issues in Peace and Conflict Studies

Issues in Peace and Conflict Studies

Selections From CQ Researcher

  • Author: Cq Researcher
  • Publisher: SAGE
  • ISBN: 1412992915
  • Category: Psychology
  • Page: 521
  • View: 7996
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Key Features --

Power, Discourse and Victimage Ritual in the War on Terror

Power, Discourse and Victimage Ritual in the War on Terror

  • Author: Professor Michael Blain
  • Publisher: Ashgate Publishing, Ltd.
  • ISBN: 1409461505
  • Category: Political Science
  • Page: 170
  • View: 3994
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Blending concepts from 'dramatism' such as 'victimage ritual' with Foucault's approach to modern power and knowledge regimes, this book presents a novel and illuminating perspective on political power and domination resulting from the global war on terrorism. With attention to media sources and political discourse within the context of the global war on terror, the author draws attention to the manner in which power elites construct scapegoats by way of a victimage ritual, thus providing themselves with a political pretext for extending their power and authority over new territories and populations, as well as legitimating an intensification of domestic surveillance and social control. A compelling analysis of ritual rhetoric and political violence, Power, Discourse and Victimage Ritual in the War on Terror will be of interest to sociologists, political theorists and scholars of media and communication concerned with questions of surveillance and social control, political communication, hegemony, foreign policy and the war on terror.

American War

American War

Roman

  • Author: Omar El Akkad
  • Publisher: S. Fischer Verlag
  • ISBN: 3104908109
  • Category: Fiction
  • Page: 32
  • View: 1284
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Gleich hier die kostenlose XXL-Leseprobe lesen! »American War« - das Buch der Stunde. »Ein gewaltiger Roman«, schreibt die renommierteste Literaturkritikerin der USA, Michiko Kakutani. Ein Roman über den nächsten amerikanischen Bürgerkrieg und das dramatische Schicksal einer Familie. Was wird sein, wenn die erschütternde Realität der Gegenwart - Drohnenangriffe, Folter, Selbstmordattentate und die Folgen von Umweltkatastrophen - mit aller Gewalt in die USA zurückkehrt? Vor diesem Hintergrund entfaltet Omar El Akkad mit großer erzählerischer Kraft den dramatischen Kampf der jungen Sarat Chestnut, die beschließt, mit allen Mitteln für das Überleben zu kämpfen. »American War« ist in den USA ein literarisches Ereignis, das schon jetzt mit Cormac McCarthy »Die Straße« und Philip Roth »Verschwörung gegen Amerika« verglichen wird.

Ecology and Revolution

Ecology and Revolution

Global Crisis and the Political Challenge

  • Author: C. Boggs
  • Publisher: Springer
  • ISBN: 1137282266
  • Category: Political Science
  • Page: 226
  • View: 2313
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Ecology and Revolution: Global Crisis and the Political Challenge is an in-depth exploration and analysis of the global ecological crisis (going far beyond the issue of global warming) in the larger context of historical conditions and political options shaped by the failure (and incapacity) of the existing political system to adequately confront the crisis.

The Will of the People

The Will of the People

How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution

  • Author: Barry Friedman
  • Publisher: Farrar, Straus and Giroux
  • ISBN: 9781429989954
  • Category: Law
  • Page: 624
  • View: 9429
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In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.

The Terror Courts

The Terror Courts

Rough Justice at Guantanamo Bay

  • Author: Jess Bravin
  • Publisher: Yale University Press
  • ISBN: 0300189206
  • Category: History
  • Page: 448
  • View: 4753
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Soon after the September 11 attacks in 2001, the United States captured hundreds of suspected al-Qaeda terrorists in Afghanistan and around the world. By the following January the first of these prisoners arrived at the U.S. military's prison camp in Guantanamo Bay, Cuba, where they were subject to President George W. Bush's executive order authorizing their trial by military commissions. Jess Bravin, the Wall Street Journal's Supreme Court correspondent, was there within days of the prison's opening, and has continued ever since to cover the U.S. effort to create a parallel justice system for enemy aliens. A maze of legal, political, and moral issues has stood in the way of justice—issues often raised by military prosecutors who found themselves torn between duty to the chain of command and their commitment to fundamental American values. While much has been written about Guantanamo and brutal detention practices following 9/11, Bravin is the first to go inside the Pentagon's prosecution team to expose the real-world legal consequences of those policies. Bravin describes cases undermined by inadmissible evidence obtained through torture, clashes between military lawyers and administration appointees, and political interference in criminal prosecutions that would be shocking within the traditional civilian and military justice systems. With the Obama administration planning to try the alleged 9/11 conspirators at Guantanamo—and vindicate the legal experiment the Bush administration could barely get off the ground—The Terror Courts could not be more timely.

From 9/11 to Terror War

From 9/11 to Terror War

The Dangers of the Bush Legacy

  • Author: Douglas Kellner
  • Publisher: Rowman & Littlefield
  • ISBN: 9780742526389
  • Category: Political Science
  • Page: 319
  • View: 8243
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The book shows how September 11 provided an opportunity for the Bush administration to push through hard-right domestic and foreign policies, many of which were being contested and blocked in Congress pre-September 11. Visit our website for sample chapters!

Kafka Comes to America

Kafka Comes to America

Fighting for Justice in the War on Terror

  • Author: Steven T. Wax
  • Publisher: Other Press, LLC
  • ISBN: 1590512952
  • Category: Law
  • Page: 380
  • View: 2212
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Argues that civil liberties have eroded since the September 11 terrorist attacks and presents case studies of two men who were casualties of post-9/11 counterterrorism measures.

Wie Demokratien sterben

Wie Demokratien sterben

Und was wir dagegen tun können

  • Author: Steven Levitsky,Daniel Ziblatt
  • Publisher: DVA
  • ISBN: 3641222915
  • Category: Political Science
  • Page: 320
  • View: 8034
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Ausgezeichnet mit dem NDR Kultur Sachbuchpreis 2018 als bestes Sachbuch des Jahres Demokratien sterben mit einem Knall oder mit einem Wimmern. Der Knall, also das oft gewaltsame Ende einer Demokratie durch einen Putsch, einen Krieg oder eine Revolution, ist spektakulärer. Doch das Dahinsiechen einer Demokratie, das Sterben mit einem Wimmern, ist alltäglicher – und gefährlicher, weil die Bürger meist erst aufwachen, wenn es zu spät ist. Mit Blick auf die USA, Lateinamerika und Europa zeigen die beiden Politologen Steven Levitsky und Daniel Ziblatt, woran wir erkennen, dass demokratische Institutionen und Prozesse ausgehöhlt werden. Und sie sagen, an welchen Punkten wir eingreifen können, um diese Entwicklung zu stoppen. Denn mit gezielter Gegenwehr lässt sich die Demokratie retten – auch vom Sterbebett.

A Patriot's History of the United States

A Patriot's History of the United States

From Columbus's Great Discovery to the War on Terror

  • Author: Larry Schweikart,Michael Patrick Allen
  • Publisher: Penguin
  • ISBN: 1101217782
  • Category: History
  • Page: 960
  • View: 9078
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For the past three decades, many history professors have allowed their biases to distort the way America’s past is taught. These intellectuals have searched for instances of racism, sexism, and bigotry in our history while downplaying the greatness of America’s patriots and the achievements of “dead white men.” As a result, more emphasis is placed on Harriet Tubman than on George Washington; more about the internment of Japanese Americans during World War II than about D-Day or Iwo Jima; more on the dangers we faced from Joseph McCarthy than those we faced from Josef Stalin. A Patriot’s History of the United States corrects those doctrinaire biases. In this groundbreaking book, America’s discovery, founding, and development are reexamined with an appreciation for the elements of public virtue, personal liberty, and private property that make this nation uniquely successful. This book offers a long-overdue acknowledgment of America’s true and proud history.

War Time

War Time

An Idea, Its History, Its Consequences

  • Author: Mary L. Dudziak
  • Publisher: Oxford University Press
  • ISBN: 0199913471
  • Category: History
  • Page: 232
  • View: 6406
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On the surface, "wartime" is a period of time in which a society is at war. But we now live in what President Obama has called "an age without surrender ceremonies," where it is no longer easy to distinguish between times of war and times of peace. In this inventive meditation on war, time, and the law, Mary Dudziak argues that wartime is not as discrete a time period as we like to think. Instead, America has been engaged in some form of ongoing overseas armed conflict for over a century. Meanwhile policy makers and the American public continue to view wars as exceptional events that eventually give way to normal peace times. This has two consequences: first, because war is thought to be exceptional, "wartime" remains a shorthand argument justifying extreme actions like torture and detention without trial; and second, ongoing warfare is enabled by the inattention of the American people. More disconnected than ever from the wars their nation is fighting, public disengagement leaves us without political restraints on the exercise of American war powers.