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: 5157
DOWNLOAD NOW »
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: 625
DOWNLOAD NOW »
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: 1968
DOWNLOAD NOW »
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: 1682
DOWNLOAD NOW »
This volume covers American law in the nineteenth century and describes the development of modern legal systems.

The CQ Researcher Bound Volume 2006

The CQ Researcher Bound Volume 2006

  • Author: Inc. Congressional Quarterly
  • Publisher: Cq Press
  • ISBN: 9780872895447
  • Category: Political Science
  • Page: 1132
  • View: 7383
DOWNLOAD NOW »
Presents articles that cover a variety of social conditions and problems, including domestic violence, eating disorders, stem cell research, abortion, ecotourism, and environmenalism.

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: 1309
DOWNLOAD NOW »
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: 302
  • View: 3906
DOWNLOAD NOW »
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.

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: 5376
DOWNLOAD NOW »
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.

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: 3815
DOWNLOAD NOW »
Key Features --

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: 8007
DOWNLOAD NOW »
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.