A WAR LIKE NO OTHER THE CONSTITUTION IN A TIME OF TERROR

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A War Like No Other

Author : Owen M. Fiss
ISBN : 9781620970973
Genre : Law
File Size : 53.3 MB
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Owen Fiss has been a leading legal scholar for over thirty years, yet before 2001 it would have seemed unlikely for him to write about national security and the laws of war; his focus was civil procedure and equal protection, but when the War on Terror began to shroud legal proceedings in secrecy, he realized that the bulwarks of procedure that shield the individual from the awesome power of the state were dissolving, perhaps irreparably, and that it was time for him to speak up. The ten chapters in this volume cover the major legal battlefronts of the War on Terror from Guantánamo to drones, with a focus on the constitutional implications of those new tools. The underlying theme is Fiss's concern for the offense done to the U.S. Constitution by the administrative and legislative branches of government in the name of public safety and the refusal of the judiciary to hold the government accountable.A War Like No Other will be an essential intellectual foundation for all concerned about constitutional rights and the law in a new age.
Category: Law

In The Shadow Of Korematsu

Author : Eric K. Yamamoto
ISBN : 9780190878962
Genre : Law
File Size : 77.8 MB
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The national security and civil liberties tensions of the World War II mass incarceration link 9/11 and the 2015 Paris-San Bernardino attacks to the Trump era in America - an era darkened by accelerating discrimination against and intimidation of those asserting rights of freedom of religion, association and speech, and an era marked by increasingly volatile protests. This book discusses the broad civil liberties challenges posed by these past-into-the-future linkages highlighting pressing questions about the significance of judicial independence for a constitutional democracy committed both to security and to the rule of law. What will happen when those profiled, detained, harassed, or discriminated against under the mantle of national security turn to the courts for legal protection? How will the U.S. courts respond to the need to protect both society and fundamental democratic values of our political process? Will courts fall passively in line with the elective branches, as they did in Korematsu v. United States, or serve as the guardian of the Bill of Rights, scrutinizing claims of "pressing public necessity" as justification for curtailing fundamental liberties? These queries paint three pictures portrayed in this book. First, they portray the present-day significance of the Supreme Court's partially discredited, yet never overruled, 1944 decision upholding the constitutional validity of the mass Japanese American exclusion leading to indefinite incarceration - a decision later found to be driven by the government's presentation of "intentional falsehoods" and "willful historical inaccuracies" to the Court. Second, the queries implicate prospects for judicial independence in adjudging Harassment, Exclusion, Incarceration disputes in contemporary America and beyond. Third, and even more broadly for security and liberty controversies, the queries engage the American populace in shaping law and policy at the ground level by placing the courts' legitimacy on center stage. They address how critical legal advocacy and organized public pressure targeting judges and policymakers - realpolitik advocacy - at times can foster judicial fealty to constitutional principles while promoting the elective branches accountability for the benefit of all Americans. This book addresses who we are as Americans and whether we are genuinely committed to democracy governed by the Constitution.
Category: Law

Not A Suicide Pact

Author : Richard A. Posner
ISBN : 9780195304275
Genre : Political Science
File Size : 38.96 MB
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A cogent and elegant response to protests against measures taken by the Bush administration since 9/11 is offered in this exploration of how personal liberty must be balanced with public safety in the face of grave national danger.
Category: Political Science

Terrorism 2013 2015

Author : Edward Mickolus
ISBN : 9781476625898
Genre : History
File Size : 33.24 MB
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This second comprehensive chronology of international terrorist attacks covers three eventful years during which the Islamic State supplanted al-Qaeda as the most active, well-financed and well-armed terrorist group worldwide. Domestic and international incidents around the globe are covered, outlining several trends and exploding a number of media myths. The author examines the enigmas of contemporary terrorist behavior and offers indicators and predictions to watch for in the coming years.
Category: History

War By Other Means

Author : John Yoo
ISBN : 1555847633
Genre : Political Science
File Size : 67.19 MB
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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 offered his legal opinions on the president’s authority to respond, and in the process had an almost unmatched impact on America's fight against terrorism. His analysis led to many of the Bush administration’s most controversial policies, including detention at Guantanamo Bay, coercive interrogation, military trials for terrorists, preemptive attacks, and the National Security Agency’s wiretapping program. In fascinating detail, Yoo takes us inside the corridors of power and examines specific cases, from John Walker Lindh and Jose Padilla to an American al-Qaeda leader assassinated by a CIA pilotless drone in the deserts of Yemen. In a midterm election year, when the controversies over the president’s handling of the War on Terror are sure to wage more forcefully than ever before, John Yoo’s War by Other Means is set to become one of the fall’s most talked about books.
Category: Political Science

Terrorism And The Constitution

Author : David Cole
ISBN : 9781565849396
Genre : Political Science
File Size : 42.92 MB
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Tracing the history of government intrusions on Constitutional rights in response to threats from abroad, Cole and Dempsey warn that a society in which civil liberties are sacrificed in the name of national security is in fact less secure than one in which they are upheld. A new chapter includes a discussion of domestic spying, preventive detention, the many court challenges to post-9/11 abuses, implementation of the Patriot Act, and efforts to reestablish the checks and balances left behind in the rush to strengthen governmental powers.
Category: Political Science

The Dark Side

Author : Jane Mayer
ISBN : 9780307456502
Genre : History
File Size : 50.36 MB
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The Dark Side is a dramatic, riveting, and definitive narrative account of how the United States made self-destructive decisions in the pursuit of terrorists around the world—decisions that not only violated the Constitution, but also hampered the pursuit of Al Qaeda. In spellbinding detail, Jane Mayer relates the impact of these decisions by which key players, namely Vice President Dick Cheney and his powerful, secretive adviser David Addington, exploited September 11 to further a long held agenda to enhance presidential powers to a degree never known in U.S. history, and obliterate Constitutional protections that define the very essence of the American experiment. With a new afterward. One of The New York Times 10 Best Books of the Year National Bestseller National Book Critics Circle Award Finalist A Best Book of the Year: Salon, Slate, The Economist, The Washington Post, Cleveland Plain-Dealer
Category: History

Long Wars And The Constitution

Author : Stephen M. Griffin
ISBN : 9780674074453
Genre : Political Science
File Size : 45.32 MB
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Extension of presidential leadership in foreign affairs to war powers has destabilized our constitutional order and deranged our foreign policy. Stephen M. Griffin shows unexpected connections between the imperial presidency and constitutional crises, and argues for accountability by restoring Congress to a meaningful role in decisions for war.
Category: Political Science

Emergency Presidential Power

Author : Chris Edelson
ISBN : 9780299295332
Genre : History
File Size : 70.38 MB
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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
Category: History

Enemy Aliens

Author : David Cole
ISBN : 1565848004
Genre : Law
File Size : 30.92 MB
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The nation's foremost civil libertarian shines a light on the cynical exploitation of 9/11 by government officials to target immigrants and lay the groundwork for rolling back the rights of ordinary American citizens.
Category: Law