Power Without Constraint
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Author |
: Chris Edelson |
Publisher |
: University of Wisconsin Pres |
Total Pages |
: 250 |
Release |
: 2016-05-11 |
ISBN-10 |
: 9780299307400 |
ISBN-13 |
: 0299307409 |
Rating |
: 4/5 (00 Downloads) |
Synopsis Power Without Constraint by : Chris Edelson
As a presidential candidate, Barack Obama criticized the George W. Bush administration for its unrestrained actions in matters of national security. In secret Justice Department memos, President Bush’s officials had claimed for the executive branch total authority to use military force in response to threats of terrorism. They set aside laws made by Congress, even criminal laws prohibiting torture and warrantless surveillance. Candidate Obama promised to restore the rule of law and make a clean break with the Bush approach. President Obama has not done so. Why? In a thorough comparison of the Bush and Obama administrations’ national security policies, Chris Edelson demonstrates that President Obama and his officials have used softer rhetoric and toned-down legal arguments, but in key areas—military action, surveillance, and state secrets—they have simply found new ways to assert power without meaningful constitutional or statutory constraints. Edelson contends that this legacy of the two immediately post-9/11 presidencies raises crucial questions for future presidents, Congress, the courts, and American citizens. Where is the political will to restore a balance of powers among branches of government and adherence to the rule of law? What are the limits of authority regarding presidential national security power? Have national security concerns created a permanent shift to unconstrained presidential power?
Author |
: Jack Goldsmith |
Publisher |
: W. W. Norton & Company |
Total Pages |
: 337 |
Release |
: 2012-03-12 |
ISBN-10 |
: 9780393083514 |
ISBN-13 |
: 0393083519 |
Rating |
: 4/5 (14 Downloads) |
Synopsis Power and Constraint: The Accountable Presidency After 9/11 by : Jack Goldsmith
The surprising truth behind Barack Obama's decision to continue many of his predecessor's counterterrorism policies. Conventional wisdom holds that 9/11 sounded the death knell for presidential accountability. In fact, the opposite is true. The novel powers that our post-9/11 commanders in chief assumed—endless detentions, military commissions, state secrets, broad surveillance, and more—are the culmination of a two-century expansion of presidential authority. But these new powers have been met with thousands of barely visible legal and political constraints—enforced by congressional committees, government lawyers, courts, and the media—that have transformed our unprecedentedly powerful presidency into one that is also unprecedentedly accountable. These constraints are the key to understanding why Obama continued the Bush counterterrorism program, and in this light, the events of the last decade should be seen as a victory, not a failure, of American constitutional government. We have actually preserved the framers’ original idea of a balanced constitution, despite the vast increase in presidential power made necessary by this age of permanent emergency.
Author |
: Adam B. Cox |
Publisher |
: Oxford University Press |
Total Pages |
: 361 |
Release |
: 2020-08-04 |
ISBN-10 |
: 9780190694388 |
ISBN-13 |
: 0190694386 |
Rating |
: 4/5 (88 Downloads) |
Synopsis The President and Immigration Law by : Adam B. Cox
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Author |
: Edward Samuel Corwin |
Publisher |
: |
Total Pages |
: 114 |
Release |
: 1920 |
ISBN-10 |
: LCCN:20026748 |
ISBN-13 |
: |
Rating |
: 4/5 (48 Downloads) |
Synopsis The Constitution and what it Means To-day by : Edward Samuel Corwin
Author |
: Thomas Sowell |
Publisher |
: Basic Books |
Total Pages |
: 308 |
Release |
: 2007-06-05 |
ISBN-10 |
: 9780465004669 |
ISBN-13 |
: 0465004660 |
Rating |
: 4/5 (69 Downloads) |
Synopsis A Conflict of Visions by : Thomas Sowell
Thomas Sowell’s “extraordinary” explication of the competing visions of human nature lie at the heart of our political conflicts (New York Times) Controversies in politics arise from many sources, but the conflicts that endure for generations or centuries show a remarkably consistent pattern. In this classic work, Thomas Sowell analyzes this pattern. He describes the two competing visions that shape our debates about the nature of reason, justice, equality, and power: the "constrained" vision, which sees human nature as unchanging and selfish, and the "unconstrained" vision, in which human nature is malleable and perfectible. A Conflict of Visions offers a convincing case that ethical and policy disputes circle around the disparity between both outlooks.
Author |
: Anne Meng |
Publisher |
: Cambridge University Press |
Total Pages |
: 277 |
Release |
: 2020-08-20 |
ISBN-10 |
: 9781108834896 |
ISBN-13 |
: 1108834892 |
Rating |
: 4/5 (96 Downloads) |
Synopsis Constraining Dictatorship by : Anne Meng
Examining constitutional rules and power-sharing in Africa reveals how some dictatorships become institutionalized, rule-based systems.
Author |
: Peter Dauvergne |
Publisher |
: John Wiley & Sons |
Total Pages |
: 160 |
Release |
: 2018-05-04 |
ISBN-10 |
: 9781509524044 |
ISBN-13 |
: 1509524045 |
Rating |
: 4/5 (44 Downloads) |
Synopsis Will Big Business Destroy Our Planet? by : Peter Dauvergne
Walmart. Coca-Cola. BP. Toyota. The world economy runs on the profits of transnational corporations. Politicians need their backing. Non-profit organizations rely on their philanthropy. People look to their brands for meaning. And their power continues to rise. Can these companies, as so many are now hoping, provide the solutions to end the mounting global environmental crisis? Absolutely, the CEOs of big business are telling us: the commitment to corporate social responsibility will ensure it happens voluntarily. Peter Dauvergne challenges this claim, arguing instead that corporations are still doing far more to destroy than protect our planet. Trusting big business to lead sustainability is, he cautions, unwise — perhaps even catastrophic. Planetary sustainability will require reining in the power of big business, starting now.
Author |
: William G. Howell |
Publisher |
: Princeton University Press |
Total Pages |
: 360 |
Release |
: 2011-06-27 |
ISBN-10 |
: 9781400840830 |
ISBN-13 |
: 140084083X |
Rating |
: 4/5 (30 Downloads) |
Synopsis While Dangers Gather by : William G. Howell
Nearly five hundred times in the past century, American presidents have deployed the nation's military abroad, on missions ranging from embassy evacuations to full-scale wars. The question of whether Congress has effectively limited the president's power to do so has generally met with a resounding "no." In While Dangers Gather, William Howell and Jon Pevehouse reach a very different conclusion. The authors--one an American politics scholar, the other an international relations scholar--provide the most comprehensive and compelling evidence to date on Congress's influence on presidential war powers. Their findings have profound implications for contemporary debates about war, presidential power, and Congress's constitutional obligations. While devoting special attention to the 2003 invasion of Iraq, this book systematically analyzes the last half-century of U.S. military policy. Among its conclusions: Presidents are systematically less likely to exercise military force when their partisan opponents retain control of Congress. The partisan composition of Congress, however, matters most for proposed deployments that are larger in size and directed at less strategically important locales. Moreover, congressional influence is often achieved not through bold legislative action but through public posturing--engaging the media, raising public concerns, and stirring domestic and international doubt about the United States' resolve to see a fight through to the end.
Author |
: Lawrence Lessig |
Publisher |
: Oxford University Press |
Total Pages |
: 596 |
Release |
: 2019-04-03 |
ISBN-10 |
: 9780190932565 |
ISBN-13 |
: 0190932562 |
Rating |
: 4/5 (65 Downloads) |
Synopsis Fidelity & Constraint by : Lawrence Lessig
The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.
Author |
: Donald Stoker |
Publisher |
: Cambridge University Press |
Total Pages |
: 345 |
Release |
: 2022-05-26 |
ISBN-10 |
: 9781009220880 |
ISBN-13 |
: 1009220888 |
Rating |
: 4/5 (80 Downloads) |
Synopsis Why America Loses Wars by : Donald Stoker
How can you achieve victory in war if you don't have a clear idea of your political aims and a vision of what victory means? In this provocative challenge to US political aims and strategy, Donald Stoker argues that America endures endless wars because its leaders no longer know how to think about war, particularly wars fought for limited aims, taking the nation to war without understanding what they want or valuing victory and thus the ending of the war. He reveals how flawed ideas on so-called 'limited war' and war in general evolved against the backdrop of American conflicts in Korea, Vietnam, Iraq, and Afghanistan. These ideas, he shows, undermined America's ability to understand, wage, and win its wars, and to secure peace. Now fully updated to incorporate the American withdrawal from Afghanistan, Why America Loses Wars dismantles seventy years of misguided thinking and lays the foundations for a new approach to the wars of tomorrow.