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Author: Joseph Margulies
Publisher: Simon and Schuster
Published: 2007-07-03
Total Pages: 354
ISBN-13: 0743286863
DOWNLOAD EBOOK →Weaving together firsthand accounts of military personnel who witnessed the interrogations with the words of the prisoners themselves, Margulies exposes the chilling reality of Guantanamo Bay.
Author: Howard Ball
Publisher:
Published: 2007
Total Pages: 296
ISBN-13:
DOWNLOAD EBOOK →Focuses on the recent "Enemy Combatant Cases" to provide a stern critique of the legal and constitutional basis for the enormous expansion of presidential power during the Bush administration's "War on Terror," and the challenges (especially in the Supreme Court) that such expansion has inspired.
Author: Schwarz O.
Publisher: The New Press
Published: 2011-05-10
Total Pages: 288
ISBN-13: 1595587454
DOWNLOAD EBOOK →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.
Author: John Hickman
Publisher: University Press of Florida
Published: 2013-05-14
Total Pages: 308
ISBN-13: 0813047196
DOWNLOAD EBOOK →In the aftermath of 9/11, few questioned the political narrative provided by the White House about Guantánamo and the steady stream of prisoners delivered there from half a world away. The Bush administration gave various rationales for the detention of the prisoners captured in the War on Terror: they represented extraordinary threats to the American people, possessed valuable enemy intelligence, and were awaiting prosecution for terrorism or war crimes. Both explicitly and implicitly, journalists, pundits, lawyers, academics, and even released prisoners who authored books about the island prison endorsed elements of the official narrative. In Selling Guantánamo, John Hickman exposes the holes in this manufactured story. He shines a spotlight on the critical actors, including Rumsfeld, Cheney, and President Bush himself, and examines how the facts belie the “official” accounts. He chastises the apologists and the critics of the administration, arguing that both failed to see the forest for the trees.
Author: Louis Fisher
Publisher:
Published: 2004
Total Pages: 344
ISBN-13:
DOWNLOAD EBOOK →For this new edition, Louis Fisher has updated his arguments to include critiques of the Clinton & Bush presidencies, particularly the Use of Force Act, the Iraq Resolution of 2002, the 'preemption doctrine' of the current U.S. administration, & the order authorizing military tribunals.
Author: Jonathan Hafetz
Publisher: NYU Press
Published: 2012-08-20
Total Pages: 334
ISBN-13: 081472440X
DOWNLOAD EBOOK →Examines the rise of an American-run global detention system, including Guantâanamo Bay, Bagram Air Base in Afghanistan, and secret CIA jails, and discusses efforts that are being made to challenge this new prison system through habeas corpus.
Author: Jack Goldsmith
Publisher: W. W. Norton & Company
Published: 2012-03-12
Total Pages: 337
ISBN-13: 0393083519
DOWNLOAD EBOOK →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: Louis Fisher
Publisher: University Press of Kansas
Published: 2017-07-14
Total Pages: 350
ISBN-13: 0700624678
DOWNLOAD EBOOK →In the fourth of the Federalist Papers, published in 1787, John Jay warned of absolute monarchs who "will often make war when their nations are to get nothing by it." More than two centuries later, are single executives making unilateral decisions any more trustworthy? And have the checks on executive power, so critical in the Founders' drafting of the Constitution, held? These are the questions Louis Fisher pursues in this book. By examining the executive actions of American presidents, particularly after World War II, Fisher reveals how the Supreme Court, through errors and abdications, has expanded presidential power in external affairs beyond constitutional boundaries—and damaged the nation's system of checks and balances. Supreme Court Expansion of Presidential Power reviews the judicial record from 1789 to the present day to show how the balance of power has shifted over time. For nearly a century and a half, the Supreme Court did not indicate a preference for which of the two elected branches should dominate in the field of external affairs. But from the mid-thirties a pattern clearly emerges, with the Court regularly supporting independent presidential power in times of "emergency," or issues linked to national security. The damage this has done to democracy and constitutional government is profound, Fisher argues. His evidence extends beyond external affairs to issues of domestic policy, such as impoundment of funds, legislative vetoes, item-veto authority, presidential immunity in the Paula Jones case, recess appointments, and the Obama administration's immigration initiatives. Fisher identifies contemporary biases that have led to an increase in presidential power—including Supreme Court misconceptions and errors, academic failings, and mistaken beliefs about "inherent powers" and "unity of office." Calling to account the forces tasked with protecting our democracy from the undue exercise of power by any single executive, his deeply informed book sounds a compelling alarm.
Author: Chris Edelson
Publisher: University of Wisconsin Pres
Published: 2013-12-19
Total Pages: 376
ISBN-13: 0299295338
DOWNLOAD EBOOK →Can a U.S. president decide to hold suspected terrorists indefinitely without charges or secretly monitor telephone conversations and e-mails without a warrant in the interest of national security? Was the George W. Bush administration justified in authorizing waterboarding? Was President Obama justified in ordering the killing, without trial or hearing, of a U.S. citizen suspected of terrorist activity? Defining the scope and limits of emergency presidential power might seem easy—just turn to Article II of the Constitution. But as Chris Edelson shows, the reality is complicated. In times of crisis, presidents have frequently staked out claims to broad national security power. Ultimately it is up to the Congress, the courts, and the people to decide whether presidents are acting appropriately or have gone too far. Drawing on excerpts from the U.S. Constitution, Supreme Court opinions, Department of Justice memos, and other primary documents, Edelson weighs the various arguments that presidents have used to justify the expansive use of executive power in times of crisis. Emergency Presidential Power uses the historical record to evaluate and analyze presidential actions before and after the terrorist attacks of September 11, 2001. The choices of the twenty-first century, Edelson concludes, have pushed the boundaries of emergency presidential power in ways that may provide dangerous precedents for current and future commanders-in-chief. Winner, Crader Family Book Prize in American Values, Department of History and Crader Family Endowment for American Values, Southeast Missouri State University
