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Author: Chris Edelson
Publisher: University of Wisconsin Pres
ISBN: 0299295338
Category : History
Languages : en
Pages : 376
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Book Description
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
Author: Chris Edelson
Publisher: University of Wisconsin Pres
ISBN: 0299295338
Category : History
Languages : en
Pages : 376
Get Book Here
Book Description
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
Author: Louis Fisher
Publisher: University Press of Kansas
ISBN: 0700619984
Category : Political Science
Languages : en
Pages : 384
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Book Description
Over three decades after its initial publication, Louis Fisher’s durable classic remains at the head of its class—a book that Congressional Quarterly called “as close to being indispensable as anything published in this field.” This newly revised sixth edition emphatically reinforces that sterling reputation. Fisher dissects the crucial constitutional disputes between the executive and legislative branches of government from the Constitutional Convention through President Clinton’s impeachment battles to the recent controversies over President Bush’s conduct as commander in chief. He ventures beyond traditional discussions of Supreme Court decisions to examine the day-to-day working relationships between the president and Congress. By analyzing a mixture of judicial pronouncements, executive acts, and legislative debates, Fisher pinpoints the critical areas of legislative-executive tension: appointment powers, investigatory powers, legislative and executive vetoes, the budgetary process, and war powers. He then examines these areas of tension within a concrete political and historical context. To scholars, this book offers a comprehensive examination of the institutions and issues of public law. For practitioners, general readers, and students of American government, it demonstrates how constitutional issues shape and define current events. The new edition covers for the first time: * Obama’s military decisions in Afghanistan and Iraq * Military operations against Libya in 2011 * Threatened attacks on Syria in 2013 * Efforts to close Guantánamo * Obama’s recess appointments during a pro forma session * “Fast and Furious” scandal: Holder’s contempt and Obama’s executive privilege * The growth of presidential “czars” * Executive branch secrecy and lack of accountability * State Secrets Privilege after 9/11 * Distinguishing between “implied” powers (constitutional) and “inherent” powers (not constitutional) * Pocket vetoes and the growth of “hybrid vetoes” * New developments in the President’s removal power
Author: Harold C. Relyea
Publisher:
ISBN:
Category : Delegation of powers
Languages : en
Pages : 25
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Book Description
This report describes Presidents emergency. Federal law provides a variety of powers for the President to use in response to crisis, exigency, or emergency circumstances threatening the nation. Moreover, they are not limited to military or war situations.
Author:
Publisher:
ISBN:
Category : Executive power
Languages : en
Pages : 25
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Book Description
The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 200 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Indeed, both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Furthermore, since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act (50 U.S.C. 1601-1651) eliminated or modified some statutory grants of emergency authority, required the President to declare formally the existence of a national emergency and to specify what statutory authority, activated by the declaration, would be used, and provided Congress a means to countermand the President's declaration and the activated authority being sought. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report, which is updated as events require.
Author: Chris Edelson
Publisher: University of Wisconsin Pres
ISBN: 0299307409
Category : Biography & Autobiography
Languages : en
Pages : 250
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Book Description
As a presidential candidate, Barack Obama criticized the George W. Bush administration for its unrestrained actions in matters of national security. In secret Justice Department memos, President Bush’s officials had claimed for the executive branch total authority to use military force in response to threats of terrorism. They set aside laws made by Congress, even criminal laws prohibiting torture and warrantless surveillance. Candidate Obama promised to restore the rule of law and make a clean break with the Bush approach. President Obama has not done so. Why? In a thorough comparison of the Bush and Obama administrations’ national security policies, Chris Edelson demonstrates that President Obama and his officials have used softer rhetoric and toned-down legal arguments, but in key areas—military action, surveillance, and state secrets—they have simply found new ways to assert power without meaningful constitutional or statutory constraints. Edelson contends that this legacy of the two immediately post-9/11 presidencies raises crucial questions for future presidents, Congress, the courts, and American citizens. Where is the political will to restore a balance of powers among branches of government and adherence to the rule of law? What are the limits of authority regarding presidential national security power? Have national security concerns created a permanent shift to unconstrained presidential power?
Author: Harold Relyea
Publisher:
ISBN:
Category : Executive power
Languages : en
Pages : 34
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Book Description
Author: United States. Congress. Senate. Committee on Expenditures in the Executive Departments
Publisher:
ISBN:
Category : War and emergency powers
Languages : en
Pages : 88
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Book Description
Author: United States. Congress. Senate. Committee on Expenditures in the Executive Departments
Publisher:
ISBN:
Category : Executive power
Languages : en
Pages : 88
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Book Description
Author: United States. Congress. Senate. Expenditures in the Executive Department
Publisher:
ISBN:
Category :
Languages : en
Pages : 88
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Book Description
Author: L Elaine Halchin
Publisher: Independently Published
ISBN: 9781092779609
Category :
Languages : en
Pages : 26
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Book Description
The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 230 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act (50 U.S.C. §§1601-1651) eliminated or modified some statutory grants of emergency authority, required the President to formally declare the existence of a national emergency and to specify what statutory authority activated by the declaration would be used, and provided Congress a means to countermand the President's declaration and the activated authority being sought. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report.
