Presidential Secrecy and the Law

Presidential Secrecy and the Law PDF

Author: Robert M. Pallitto

Publisher: Johns Hopkins University Press

Published: 2007-05-01

Total Pages: 280

ISBN-13: 9780801885822

DOWNLOAD EBOOK →

Presidential Secrecy and the Law will be the standard in presidential powers studies for years to come.

Presidential Secrecy and the Law

Presidential Secrecy and the Law PDF

Author: Robert M. Pallitto

Publisher: Johns Hopkins University Press+ORM

Published: 2007-05-01

Total Pages: 412

ISBN-13: 0801892104

DOWNLOAD EBOOK →

A look at how U.S. presidents from Truman to George W. Bush employed secrecy and how it has affected the presidency and the American government. State secrets, warrantless investigations and wiretaps, signing statements, executive privilege?the executive branch wields many tools for secrecy. Since the middle of the twentieth century, presidents have used myriad tactics to expand and maintain a level of executive branch power unprecedented in this nation’s history. Most people believe that some degree of governmental secrecy is necessary. But how much is too much? At what point does withholding information from Congress, the courts, and citizens abuse the public trust? How does the nation reclaim rights that have been controlled by one branch of government? With Presidential Secrecy and the Law, Robert M. Pallitto and William G. Weaver attempt to answer these questions by examining the history of executive branch efforts to consolidate power through information control. They find the nation’s democracy damaged and its Constitution corrupted by staunch information suppression, a process accelerated when “black sites,” “enemy combatants,” and “ghost detainees” were added to the vernacular following the September 11, 2001, terror strikes. Tracing the current constitutional dilemma from the days of the imperial presidency to the unitary executive embraced by the administration of George W. Bush, Pallitto and Weaver reveal an alarming erosion of the balance of power. Presidential Secrecy and the Law will be the standard in presidential powers studies for years to come. “The well-organized and clearly written book illustrates the way the president’s use of document classification and state-secrets privilege to solidify presidential control are reinforced by legal decisions sympathetic to presidential power.” —Chronicle of Higher Education

Presidents' Secrets

Presidents' Secrets PDF

Author: Mary Graham

Publisher: Yale University Press

Published: 2017-01-01

Total Pages: 270

ISBN-13: 0300223749

DOWNLOAD EBOOK →

Ever since the nation's most important secret meeting--the Constitutional Convention--presidents have struggled to balance open, accountable government with necessary secrecy in military affairs and negotiations. For the first one hundred and twenty years, a culture of open government persisted, but new threats and technology have long since shattered the old bargains. Today, presidents neither protect vital information nor provide the open debate Americans expect.

Executive Privilege

Executive Privilege PDF

Author: Mark J. Rozell

Publisher:

Published: 2010

Total Pages: 276

ISBN-13:

DOWNLOAD EBOOK →

This book provides an in-depth history and analysis of executive privilege from President Nixon to President Obama, and its relation to the proper scope and limits of presidential power.

The President's Book of Secrets

The President's Book of Secrets PDF

Author: David Priess

Publisher: PublicAffairs

Published: 2016-03-01

Total Pages: 401

ISBN-13: 1610395964

DOWNLOAD EBOOK →

Every president has had a unique and complicated relationship with the intelligence community. While some have been coolly distant, even adversarial, others have found their intelligence agencies to be among the most valuable instruments of policy and power. Since John F. Kennedy's presidency, this relationship has been distilled into a personalized daily report: a short summary of what the intelligence apparatus considers the most crucial information for the president to know that day about global threats and opportunities. This top-secret document is known as the President's Daily Brief, or, within national security circles, simply "the Book." Presidents have spent anywhere from a few moments (Richard Nixon) to a healthy part of their day (George W. Bush) consumed by its contents; some (Bill Clinton and George H. W. Bush) consider it far and away the most important document they saw on a regular basis while commander in chief. The details of most PDBs are highly classified, and will remain so for many years. But the process by which the intelligence community develops and presents the Book is a fascinating look into the operation of power at the highest levels. David Priess, a former intelligence officer and daily briefer, has interviewed every living president and vice president as well as more than one hundred others intimately involved with the production and delivery of the president's book of secrets. He offers an unprecedented window into the decision making of every president from Kennedy to Obama, with many character-rich stories revealed here for the first time.

Reclaiming Accountability

Reclaiming Accountability PDF

Author: Heidi Kitrosser

Publisher: University of Chicago Press

Published: 2015-01-06

Total Pages: 292

ISBN-13: 022619163X

DOWNLOAD EBOOK →

Americans have long treated government accountability as a birthright. However, accountability is frequently tossed about in a rhetorically effective but substantively empty way. We often feel that those in government “work for us” and therefore must “answer to us,” but fail to grapple with the conditions under which we can really assess how accountable our government is. This is especially true with respect to matters of secrecy and transparency in government as, while we routinely voice support for transparency and accountability, we too often tolerate secrecy when associated with “national security.” The government plainly needs to keep some information secret, and there are ways to reconcile secrecy with accountability. In Reclaiming Accountability, unchecked secrecy is the primary concern as insufficient checking breeds unnecessary, even counterproductive, secrecy and is also deeply antithetical to accountability. Heidi Kitrosser shows how, for all of its influence, “presidentialism” badly misreads the Constitution. The book first explains presidentialism and its major component parts – “supremacy” and “unitary executive theory.” It then details how supremacy and unitary executive theory manifest themselves as arguments for a broad presidential power to control information. The descriptive elements lay the groundwork for Kitrosser's two normative arguments. The first is that the Constitution situates the presidency within a substantive accountability framework that entails substantial congressional and judicial leeway to impose and enforce external and internal checks on presidential power to foster transparency and accountability. And, closely related, the second argument is that supremacy and unitary executive theory misread the Constitution.

The Law of the Executive Branch

The Law of the Executive Branch PDF

Author: Louis Fisher

Publisher: Oxford University Press

Published: 2014

Total Pages: 482

ISBN-13: 0199856214

DOWNLOAD EBOOK →

The Law of the Executive Branch: Presidential Power places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. Each provision of the US Constitution is analyzed to reveal its contemporary meaning and in concert with the application of presidential power.

The Law of the Executive Branch

The Law of the Executive Branch PDF

Author: Dr. Louis Fisher

Publisher: Oxford University Press

Published: 2014-01-03

Total Pages: 400

ISBN-13: 0199350418

DOWNLOAD EBOOK →

The scope of presidential authority has been a constant focus of constitutional dispute since the Framing. The bases for presidential appointment and removal, the responsibility of the Executive to choose between the will of Congress and the President, the extent of unitary powers over the military, even the ability of the President to keep secret the identity of those consulted in policy making decisions have all been the subject of intense controversy. The scope of that power and the manner of its exercise affect not only the actions of the President and the White House staff, but also all staff employed by the executive agencies. There is a clear need to examine the law of the entire executive branch. The Law of the Executive Branch: Presidential Power, places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. In this book, Louis Fisher strives to separate legitimate from illegitimate sources of power, through analysis that is informed by litigation as well as shaped by presidential initiatives, statutory policy, judicial interpretations, and public and international pressures. Each provision of the US Constitution is analyzed to reveal its contemporary meaning in concert with the application of presidential power. Controversial issues covered in the book include: unilateral presidential wars; the state secrets privilege; extraordinary rendition; claims of "inherent" presidential powers that may not be checked by other branches; and executive privilege.

The President and Immigration Law

The President and Immigration Law PDF

Author: Adam B. Cox

Publisher: Oxford University Press

Published: 2020-08-04

Total Pages: 361

ISBN-13: 0190694386

DOWNLOAD EBOOK →

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.