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Author: S. Murray
Publisher: Springer
ISBN: 1137392770
Category : Political Science
Languages : en
Pages : 178
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Book Description
Three days after September 11, 2001, Congress passed an unprecedented authorization of the use of military force (AUMF 2001) that remains in force today. As the theatre of operation against terrorism changes, the applicability and legality of the AUMF 2001 is under increasing scrutiny - giving way to academic discussion over its current status.
Author: S. Murray
Publisher: Springer
ISBN: 1137392770
Category : Political Science
Languages : en
Pages : 178
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Book Description
Three days after September 11, 2001, Congress passed an unprecedented authorization of the use of military force (AUMF 2001) that remains in force today. As the theatre of operation against terrorism changes, the applicability and legality of the AUMF 2001 is under increasing scrutiny - giving way to academic discussion over its current status.
Author: Philip Bobbitt
Publisher: Penguin UK
ISBN: 0141916826
Category : Political Science
Languages : en
Pages : 1019
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Book Description
The wars against terror have begun, but it will take some time before the nature and composition of these wars is widely understood. The objective of these wars is not the conquest of territory, or the silencing of any particular ideology, but rather to secure the necessary environment for states to operate according to principles of consent and make it impossible for our enemies to impose or induce states of terror. Terror and Consent argues that, like so many states and civilizations in the past that suffered defeat, we are fighting the last war, with weapons and concepts that were useful to us then but have now been superseded. Philip Bobbitt argues that we need to reforge links that previous societies have made between law and strategy; to realize how the evolution of modern states has now produced a globally networked terrorism that will change as fast as we can identify it; to combine humanitarian interests with strategies of intervention; and, above all, to rethink what 'victory' in such a war, if it is a war, might look like - no occupied capitals, no treaties, no victory parades, but the preservation, protection and defence of states of consent. This is one of the most challenging and wide-ranging books of any kind about our modern world.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 7
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Book Description
In response to the terrorist attacks against the United States on September 11, 2001, the Congress passed legislation, Senate Joint Resolution 23, on September 14, 2001, authorizing the President to "use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons ..." The President signed this legislation into law on September 18, 2001 (P.L. 107-40, 115 Stat. 224 (2001)). This report provides a legislative history of this statute, the "Authorization for Use of Military Force" (AUMF), which, as Congress stated in its text, constitutes the legislative authorization for the use of U.S. military force contemplated by the War Powers Resolution. It also is the statute which the President and his attorneys have subsequently cited as an authority for him to engage in electronic surveillance against possible terrorists without obtaining authorization of the special Court created by the Foreign Intelligence Surveillance Act (FISA) of 1978, as amended. This report will only be updated if events warrant.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Author: Benjamin Wittes
Publisher: Rowman & Littlefield
ISBN: 0815704178
Category : Political Science
Languages : en
Pages : 435
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Book Description
A Brookings Institution Press and the Hoover Institution and the Georgetown Center on National Security and the Law publication The events of September 11 and subsequent American actions irrevocably changed the political, military, and legal landscapes of U.S. national security. Predictably, many of the changes were controversial, and abuses were revealed. The United States needs a legal framework that reflects these new realities. Legislating the War on Terror presents an agenda for reforming the statutory law governing this new battle, balancing the need for security, the rule of law, and the constitutional rights that protect American freedom. The authors span a considerable swath of the political spectrum, but they all believe that Congress has a significant role to play in shaping the contours of America's confrontation with terrorism. Their essays are organized around the major tools that the United States has deployed against al Qaeda as well as the legal problems that have arisen as a result. • Mark Gitenstein compares U.S. and foreign legal standards for detention, interrogation, and surveillance. • Matthew Waxman studies possible strategic purposes for detaining people without charging them, while Jack Goldsmith imagines a system of judicially reviewed law-of-war detention. • Robert Chesney suggests ways to refine U.S. criminal law into a more powerful instrument against terrorism. • Robert Litt and Wells C. Bennett suggest the creation of a specialized bar of defense lawyers for trying accused terrorists in criminal courts. • David Martin explores the relationship between immigration law and counterterrorism. • David Kris lays out his proposals for modernizing the Foreign Intelligence Surveillance Act. • Justin Florence and Matthew Gerke outline possible reforms of civil justice procedures in national security litigation. • Benjamin Wittes and Stuart Taylor Jr. investigate ways to improve interrogation laws while clarifying the definition and limits of torture. • Kenneth Anderson argues for the protection of
Author: Karen J. Greenberg
Publisher: Princeton University Press
ISBN: 0691216576
Category : Law
Languages : en
Pages : 288
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Book Description
How policies forged after September 11 were weaponized under Trump and turned on American democracy itself In the wake of the September 11 terror attacks, the American government implemented a wave of overt policies to fight the nation’s enemies. Unseen and undetected by the public, however, another set of tools was brought to bear on the domestic front. In this riveting book, one of today’s leading experts on the US security state shows how these “subtle tools” imperiled the very foundations of democracy, from the separation of powers and transparency in government to adherence to the Constitution. Taking readers from Ground Zero to the Capitol insurrection, Karen Greenberg describes the subtle tools that were forged under George W. Bush in the name of security: imprecise language, bureaucratic confusion, secrecy, and the bypassing of procedural and legal norms. While the power and legacy of these tools lasted into the Obama years, reliance on them increased exponentially in the Trump era, both in the fight against terrorism abroad and in battles closer to home. Greenberg discusses how the Trump administration weaponized these tools to separate families at the border, suppress Black Lives Matter protests, and attempt to overturn the 2020 presidential election. Revealing the deeper consequences of the war on terror, Subtle Tools paints a troubling portrait of an increasingly undemocratic America where disinformation, xenophobia, and disdain for the law became the new norm, and where the subtle tools of national security threatened democracy itself.
Author: Matthew C. Weed
Publisher: Createspace Independent Publishing Platform
ISBN: 9781544193991
Category :
Languages : en
Pages : 40
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Book Description
Since the United States embarked on a strategy to counter the Islamic State (also known as ISIL or ISIS) in 2014, some Members of Congress have raised concerns about the President's underlying authority to engage in anti-IS military operations. In the 114th Congress, both houses of Congress took steps to revisit the possibility of considering legislation to provide authority for the use of military force (AUMF) against the Islamic State. Interest has continued into the first session of the 115th Congress and with the start of the Trump Administration. In 2014, the armed offensive of the Islamic State in northern and western Iraq and northeastern Syria raised significant concerns for the United States. After first ordering multiple deployments of U.S. troops to Iraq to provide security to diplomatic personnel and facilities, advise Iraqi security forces, and conduct intelligence gathering and reconnaissance, President Obama began ordering U.S. military airstrikes on IS forces in Iraq in August 2014. Later in September, after laying out plans for expanded use of military force against the Islamic State in a televised speech to the American people, the President ordered U.S. military airstrikes in Syria against both IS forces and forces of the 'KhorasanGroup' identified by the President as part of Al Qaeda. In 2015, the President ordered new deployments to Iraq, and the Administration announced deployment of a small number of special operations forces to Syria to conduct military operations that involve advising regional partner armed forces but also can include 'unilateral' U.S. operations. In 2016, both U.S. military operations and deployments of U.S. Armed Forces increased to continue the campaign against the Islamic State. As military action against the Islamic State has evolved and increased, many observers, including a number of Members of Congress, have raised numerous questions and concerns about the President's authority to use military force against the Islamic State. Some efforts began near the end of the 113th Congress to consider enactment of a new authorization for use of military force targeting the Islamic State, and have continued into the 114th Congress; the issue, however, remains contentious. The President provided Congress a new authorization proposal in February 2015, and in his 2016 State of the Union address again called on Congress to enact a new authorization for use of military force (AUMF) targeting the Islamic State. The Obama Administration's official position on presidential authority to use force against the Islamic State, however, has remained consistent, relying on the previous 2001 AUMF against those who perpetrated the September 11, 2001, terror attacks (and, to a lesser extent, the 2002 AUMF against the Saddam Hussein regime in Iraq). This report focuses on the several proposals for a new AUMF specifically targeting the Islamic State made during the 113th and 114th Congresses as well as those made thus far in the 115th Congress. It includes a brief review of existing authorities and AUMFs, as well as a discussion of issues related to various provisions included in existing and proposed AUMFs that both authorize and limit presidential use of military force. Appendices provide a comparative analysis of similar provisions in the numerous AUMFs proposed in the 113th and 114th Congresses.
Author: Gene Healy
Publisher: Cato Institute
ISBN: 193399519X
Category : Biography & Autobiography
Languages : en
Pages : 402
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Book Description
Intro -- Table of Contents -- Acknowledgements -- Introduction -- 1. Our Chief Magistrate and His Powers -- 2. "Progress" and the Presidency -- 3. The Age of the Heroic Presidency -- 4. Hero Takes a Fall -- 5. Superman Returns -- 6. War President -- 7. Omnipotence and Impotence -- 8. Why the Worst Get on Top ... and Get Worse -- 9. Toward Normalcy -- Afterword: Our Continuing Cult of the Presidency -- Notes -- About the Author -- Cato Institute
Author: United States. Congress. House. Committee on Armed Services
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 144
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Book Description
Author: Gordon Adams
Publisher: Georgetown University Press
ISBN: 1626160945
Category : Political Science
Languages : en
Pages : 318
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Book Description
Mission Creep: The Militarization of US Foreign Policy? examines the question of whether the US Department of Defense (DOD) has assumed too large a role in influencing and implementing US foreign policy. After the Cold War, and accelerating after September 11, the United States has drawn upon the enormous resources of DOD in adjusting to the new global environment and challenges arising from terrorism, Islamic radicalism, insurgencies, ethnic conflicts, and failed states. Contributors investigate and provide different perspectives on the extent to which military leaders and DOD have increased their influence and involvement in areas such as foreign aid, development, diplomacy, policy debates, and covert operations. These developments are set in historical and institutional context, as contributors explore the various causes for this institutional imbalance. The book concludes that there has been a militarization of US foreign policy while it explores the institutional and political causes and their implications. “Militarization” as it is used in this book does not mean that generals directly challenge civilian control over policy; rather it entails a subtle phenomenon wherein the military increasingly becomes the primary actor and face of US policy abroad. Mission Creep’s assessment and policy recommendations about how to rebalance the role of civilian agencies in foreign policy decision making and implementation will interest scholars and students of US foreign policy, defense policy, and security studies, as well as policy practitioners interested in the limits and extents of militarization.
