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Presidential War Power
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by
Louis Fisher
The author examines how U.S. presidents have used their power to make war. Despite the fact that the Constitution specifically empowers Congress to delcare war, presidents since F.D.R. have routinely asserted the power to wage undeclared wars. Fisher argues for a rollback of this presidential power and a return to the framers' intent of reserving ...
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Guantanamo and the Abuse of Presidential Power
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by
Joseph Margulies
In his address to the nation on September 20, 2001, President Bush declared war on terrorism and set in motion a detention policy unlike any we have ever seen. Since then, the United States has seized thousands of people from around the globe, setting off a firestorm of controversy. Guantanamo and the Abuse of Presidential Power explores that ...
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War by Other Means: An Insider's Account of the War on Terror
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by
John Yoo
John Yoo, the key legal architect of the Bush administration's response to 9/11, delivers a fascinating insider account of the War on Terror. While America reeled from the cataclysmic events of September 11, 2001, Yoo and a skeletal staff of the Office of Legal Counsel found themselves on the phone with the White House. In a series of memos, Yoo ...
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Administration of Torture: A Documentary Record from Washington to Abu Ghraib and Beyond
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by
Jameel Jaffer
When the American media published photographs of U.S. soldiers abusing prisoners at Abu Ghraib, the Bush administration assured the world that the abuse was isolated and that the perpetrators would be held accountable. Over the next three years, it refined its narrative at the margins, but by and large its public position remained the same. Yes, ...
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Unchecked and Unbalanced: Presidential Power in a Time of Terror
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by
Frederick A O Schwarz, Jr., Aziz Z Huq
A scathing portrait of contemporary executive power run amok, by the author of the original 1976 Church Committee report on executive abuse. ""In thirty-four years, I have repeatedly seen an erosion of the powers and the ability of the president of the United States to do his job.""--Vice President Dick Cheney Thirty years after the Church ...
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Five Years of My Life: An Innocent Man in Guantanamo
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by
Murat Kurnaz, Jefferson Chase (Translator), Helmut Kuhn
In October 2001, nineteen-year-old Murat Kurnaz traveled to Pakistan to visit a madrassa. During a security check a few weeks after his arrival, he was arrested without explanation and for a bounty of $3,000, the Pakistani police sold him to U.S. forces. He was first taken to Kandahar, Afghanistan, where he was severely mistreated, and then two ...
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The Constitution and 9/11: Recurring Threats to America's Freedoms
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by
Louis Fisher
The announced purpose of U.S. antiterrorist policies after 9/11 was to bring democracy and the rule of law to the Middle East. At home, those values were regularly threatened by illegal, unconstitutional, secret, and unaccountable programs. The Bush administration claimed that terrorists hate America for its freedoms, yet its actions jeopardized ...
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The Powers of War and Peace: The Constitution and Foreign Affairs After 9/11
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by
John Yoo
Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror - and, in a larger sense, the ...
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State of Exception
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by
Giorgio Agamben, Kevin Attell (Translator)
Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to ...
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Emergencies and the Limits of Legality
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by
Victor V Ramraj (Editor)
Most modern states turn swiftly to law in an emergency. The global response to the 11 September 2001 attacks on the United States was no exception, and the wave of legislative responses is well-documented. Yet there is an ever-present danger, borne out by historical and contemporary events, that even the most well-meaning executive, armed with ...
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Freedom or Security: The Consequences for Democracies Using Emergency Powers to Fight Terror
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by
Michael Freeman
Several democratic countries have used emergency powers to restrict or suspend individual liberties in order to fight terrorism more effectively. Emergency powers are controversial in their potential to undermine democracy and civil liberties. Freeman challenges popular arguments of both the supporters of emergency powers, who focus on their ...
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Civil Liberties Vs. National Security in a Post 9/11 World
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by
M Katherine B Darmer (Editor), Stuart E Rosenbaum (Editor), Robert M Baird (Editor)
This collection of articles addresses the conflict between the protection of civil liberties and the maintenance of national security in the face of terrorist threats. Aiming to make a balanced presentation of the issues, the volume contains selections ranging from the ACLU's critique of the USA Patriot Act to a defense by its chief architect.
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Warrior-King: The Case for Impeaching George W. Bush
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by
John Bonifaz, John Conyers, Congressman, Jr.
What happens when a president violates the U.S. Constitution, resulting in the deaths of thousands? In Warrior-King, public interest lawyer John Bonifaz argues passionately that Bush did just that when he launched a first-strike invasion of Iraq without a congressional declaration of war. The framers of the Constitution, he argues, wanted to ...
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The Genius of Impeachment: The Founders' Cure for Royalism
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by
John Nichols
Stating that impeachment is as American as apple pie, Nichols offers a fearless call to Americans to hold their leaders accountable to democracy.
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War Powers: How the Imperial Presidency Hijacked the Constitution
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by
Peter H Irons
Through insightful analysis and rousing history, this book is a striking assessment of how the Constitution has been stretched, distorted, and violated to accommodate the drive to empire from Jefferson's day to our own.
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War and Responsibility: Constitutional Lessons of Vietnam and Its Aftermath
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by
John Hart Ely
Twenty years after the signing of the Paris Accords, the constitutional ambiguities of American involvement in the Vietnam War remain unresolved. John Hart Ely examines the overall constitutionality of America's role in Vietnam; and shows that Congress authorized each new phase of American involvement without committing itself to the stated aims ...
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The Anatomy of a Constitutional Law Case
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by
Alan Westin
In his newly updated version of The Anatomy of a Constitutional Law Case, Alan F. Westin provides a documentary portrait of historically important constitutional law case, 'Youngstown Sheet & Tube Co. v. Sawyer, ' from its rise in a bargaining dispute in the steel industry during 1952 to the aftermath of its decision by the United States Supreme ...
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Beyond the Law: The Bush Administration's Unlawful Responses in the "War" on Terror
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by
Jordan J Paust
Provides a detailed exposition of violations of international law authorized and abetted by secret memos, authorizations and orders of the Bush administration. It describes why several executive claims were in error, what illegal authorizations were given, what illegal interrogation tactics were approved, and what illegal transfers and secret ...
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Constitutional Diplomacy
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by
Michael J Glennon, J William Fulbright (Foreword by)
Challenging those who accept or advocate executive supremacy in American foreign-policy making, this book proposes that we abandon the supine roles often assigned our legislative and judicial branches in that field.
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Freedom Under Fire: U.S. Civil Liberties in Times of War
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by
Michael Linfield, Ramsey Clark (Preface by)
"The great wars we have fought for the sake of liberty have been accompanied, without exception, by the most draconian assaults on individual rights. This is the theme of Michael Linfield's Freedom Under Fire, and he documents it with examples from every war since the American Revolution."--The Progressive "Linfield demonstrates conclusively, ...
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Constitutional Dictatorship: Crisis Government in the Modern Democracies
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by
Clinton Lawrence Rossiter
How should the United States be governed during times of crisis? Definitely not as we are in times of tranquility, asserts this classic study. The war on terrorism is a case in point. The horros of terror attacks on the United States have forced Americans to accept legislative changes that might be unthinkable at other times. The "inescapable ...
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Undeclared War: Twilight Zone of Constitutional Power
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by
Edward Keynes
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From Chinese Exclusion to Guantanamo Bay: Plenary Power and the Prerogative State
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by
Natsu Taylor Saito
This study details historic applications of the plenary power doctrine, in which US courts allow the executive branch full power over groups of citizens without concomitant constitutional protection, showing that expansions of power aren't unique to the Bush administration but part of a troubling tradition that, according to the author, undermines ...
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Terror in the Balance: Security, Liberty, and the Courts
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by
Eric A Posner, Adrian Vermeule
In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as ...
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Courting Conflict: The Israeli Military Court System in the West Bank and Gaza
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by
Lisa Hajjar
This is a meticulously documented examination of Israeli military courts in the West Bank and Gaza strip.
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