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.

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.

Publisher Description

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.

An engaging investigation of how the presidency has changed from its original role, as laid out in the U.S. Constitution, to become closer in power to an imperial monarch

Documents the various abuses that occurred during the Bush Admin. relating to the House Judiciary Committee¿s review and jurisdiction, and to develop a comprehensive set of recommendations to prevent the recurrence of these or similar abuses in the future. Contents: Preface: ¿Deconstructing the Imperial Presidency,¿ which describes and critiques the key war power memos that gave rise to the concept of broad-based, unreviewable, and secret presidential powers in time of war. Also describes specific abuses of the Imperial Presidency relating to Judiciary Comm. inquiries. Includes a comprehensive set of 47 policy recommendations designed to respond to the abuses and excesses of the Bush Imperial Presidency.

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.

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.

Has the imperial presidency returned? "Well written and, while indispensable for college courses, should appeal beyond academic audiences to anyone interested in how well we govern ourselves. . . . I cannot help regarding it as a grand sequel for my own The Imperial Presidency." ---Arthur Schlesinger, Jr. Has the imperial presidency returned? This question has been on the minds of many contemporary political observers, as recent American administrations have aimed to consolidate power. In The New Imperial Presidency, Andrew Rudalevige suggests that the congressional framework meant to advise and constrain presidential conduct since Watergate has slowly eroded. Rudalevige describes the evolution of executive power in our separated system of governance. He discusses the abuse of power that prompted what he calls the "resurgence regime" against the imperial presidency and inquires as to how and why---over the three decades that followed Watergate---presidents have regained their standing. Chief executives have always sought to interpret constitutional powers broadly. The ambitious president can choose from an array of strategies for pushing against congressional authority; finding scant resistance, he will attempt to expand executive control. Rudalevige's important and timely work reminds us that the freedoms secured by our system of checks and balances do not proceed automatically but depend on the exertions of public servants and the citizens they serve. His story confirms the importance of the "living Constitution," a tradition of historical experiences overlaying the text of the Constitution itself.

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.