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 : 21.48 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 : 88.17 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

The Age Of Deference

Author : David Rudenstine
ISBN : 9780199381487
Genre : Military law
File Size : 65.24 MB
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In October 1948-one year after the creation of the U.S. Air Force as a separate military branch-a B-29 Superfortress crashed on a test run, killing the plane's crew. The plane was constructed with poor materials, and the families of the dead sued the U.S. government for damages. In the case, the government claimed that releasing information relating to the crash would reveal important state secrets, and refused to hand over the requested documents. Judges at both the U.S. District Court level and Circuit level rejected the government's argument and ruled in favor of the families. However, in 1953, the Supreme Court reversed the lower courts' decisions and ruled that in the realm of national security, the executive branch had a right to withhold information from the public. Judicial deference to the executive on national security matters has increased ever since the issuance of that landmark decision. Today, the government's ability to invoke state secrets privileges goes unquestioned by a largely supine judicial branch. David Rudenstine's The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II. He shows how in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary. Judges are mindful of the limits of their competence in national security matters; this, combined with their insulation from political accountability, has caused them in matters as important as the nation's security to defer to the executive. Judges are also afraid of being responsible for a decision that puts the nation at risk and the consequences for the judiciary in the wake of such a decision. Nonetheless, The Age of Deference argues that as important as these considerations are in shaping a judicial disposition, the Supreme Court has leaned too far, too often, and for too long in the direction of abdication. There is a broad spectrum separating judicial abdication, at one end, from judicial usurpation, at the other, and The Age of Deference argues that the rule of law compels the court to re-define its perspective and the legal doctrines central to the Age.
Category: Military law

Pearl Harbor

Author : Craig Nelson
ISBN : 9781451660517
Genre : History
File Size : 64.53 MB
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“A valuable reexamination” (Booklist, starred review) of the event that changed twentieth-century America—Pearl Harbor—based on years of research and new information uncovered by a New York Times bestselling author. The America we live in today was born, not on July 4, 1776, but on December 7, 1941, when an armada of 354 Japanese warplanes supported by aircraft carriers, destroyers, and midget submarines suddenly and savagely attacked the United States, killing 2,403 men—and forced America’s entry into World War II. Pearl Harbor: From Infamy to Greatness follows the sailors, soldiers, pilots, diplomats, admirals, generals, emperor, and president as they engineer, fight, and react to this stunningly dramatic moment in world history. Beginning in 1914, bestselling author Craig Nelson maps the road to war, when Franklin D. Roosevelt, then the Assistant Secretary of the Navy, attended the laying of the keel of the USS Arizona at the Brooklyn Navy Yard. Writing with vivid intimacy, Nelson traces Japan’s leaders as they lurch into ultranationalist fascism, which culminates in their scheme to terrify America with one of the boldest attacks ever waged. Within seconds, the country would never be the same. Backed by a research team’s five years of work, as well as Nelson’s thorough re-examination of the original evidence assembled by federal investigators, this page-turning and definitive work “weaves archival research, interviews, and personal experiences from both sides into a blow-by-blow narrative of destruction liberally sprinkled with individual heroism, bizarre escapes, and equally bizarre tragedies” (Kirkus Reviews). Nelson delivers all the terror, chaos, violence, tragedy, and heroism of the attack in stunning detail, and offers surprising conclusions about the tragedy’s unforeseen and resonant consequences that linger even today.
Category: History

Terrorism 2013 2015

Author : Edward Mickolus
ISBN : 9781476625898
Genre : History
File Size : 38.55 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 : 90.39 MB
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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, John 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. “At its core, War by Other Means offers spirited, detailed and often enlightening accounts of the decision-making process behind the key 2001-03 legal decisions.” —The Washington Post “Unambiguous and combative, Yoo’s philosophy is sure to spark further debate.” —Publishers Weekly
Category: Political Science

Not A Suicide Pact

Author : Richard A. Posner
ISBN : 9780195304275
Genre : Political Science
File Size : 46.46 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

The Drone Memos

Author : Jameel Jaffer
ISBN : 9781620972601
Genre : Law
File Size : 75.40 MB
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The Drone Memos collects for the first time the legal and policy documents underlying the U.S. government’s deeply controversial practice of “targeted killing”—the extrajudicial killing of suspected terrorists and militants, typically using remotely piloted aircraft or “drones.” The documents—including the Presidential Policy Guidance that provides the framework for drone strikes today, Justice Department white papers addressing the assassination of an American citizen, and a highly classified legal memo that was published only after a landmark legal battle involving the ACLU, the New York Times, and the CIA—together constitute a remarkable effort to legitimize a practice that most human rights experts consider to be unlawful and that the United States has historically condemned. In a lucid and provocative introduction, Jameel Jaffer, who led the ACLU legal team that secured the release of many of the documents, evaluates the “drone memos” in light of domestic and international law. He connects the documents’ legal abstractions to the real-world violence they allow, and makes the case that we are trading core principles of democracy and human rights for the illusion of security.
Category: Law

Confronting Terror

Author : Dean Reuter
ISBN : 9781594035630
Genre : Political Science
File Size : 29.34 MB
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After the September 11, 2001 attacks the United States went to war. With thousands of Americans killed, billions of dollars in damage, and aggressive military and security measures in response, we are still living with the war a decade later. A change of presidential administration has not dulled controversy over the most fundamental objectives, strategies and tactics of the war, or whether it is even a war. This book clears the air over the meaning of 9/11, and sets the stage for a reasoned, clear, and considered discussion of the future with a collection of essays commemorating the 10th anniversary of the attacks. The contributors include supporters and critics of the war on terrorism, policymakers and commentators, insiders and outsiders, and some of the leading voices inside and outside government.
Category: Political Science

Emergency Presidential Power

Author : Chris Edelson
ISBN : 9780299295332
Genre : History
File Size : 80.68 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