Power and Constraint The Accountable Presidency After 9 11

Author: Jack Goldsmith
Publisher: W. W. Norton & Company
ISBN: 0393083519
Format: PDF
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The surprising truth behind Barack Obama's decision to continue many of his predecessor's counterterrorism policies. Conventional wisdom holds that 9/11 sounded the death knell for presidential accountability. In fact, the opposite is true. The novel powers that our post-9/11 commanders in chief assumed—endless detentions, military commissions, state secrets, broad surveillance, and more—are the culmination of a two-century expansion of presidential authority. But these new powers have been met with thousands of barely visible legal and political constraints—enforced by congressional committees, government lawyers, courts, and the media—that have transformed our unprecedentedly powerful presidency into one that is also unprecedentedly accountable. These constraints are the key to understanding why Obama continued the Bush counterterrorism program, and in this light, the events of the last decade should be seen as a victory, not a failure, of American constitutional government. We have actually preserved the framers’ original idea of a balanced constitution, despite the vast increase in presidential power made necessary by this age of permanent emergency.

Power and Constraint The Accountable Presidency After 9 11

Author: Jack Goldsmith
Publisher: W. W. Norton & Company
ISBN: 0393081338
Format: PDF, Mobi
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A former member of the Bush administration discusses the expansion of presidential authority in the past two decades and describes why he feels this increase in power has also been met with an increase in accountability.

Democracy s Blameless Leaders

Author: Neil James Mitchell
Publisher: NYU Press
ISBN: 0814761445
Format: PDF
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From the American and British counter-insurgency in Iraq to the bombing of Dresden and the Amristar Massacre in India, civilians are often abused and killed when they are caught in the cross-fire of wars and other conflicts. In Democracy’s Blameless Leaders, Neil Mitchell examines how leaders in democracies manage the blame for the abuse and the killing of civilians, arguing that politicians are likely to react in a self-interested and opportunistic way and seek to deny and evade accountability. Using empirical evidence from well-known cases of abuse and atrocity committed by the security forces of established, liberal democracies, Mitchell shows that self-interested political leaders will attempt to evade accountability for abuse and atrocity, using a range of well-known techniques including denial, delay, diversion, and delegation to pass blame for abuse and atrocities to the lowest plausible level. Mitchell argues that, despite the conventional wisdom that accountability is a ‘central feature’ of democracies, it is only a rare and courageous leader who acts differently, exposing the limits of accountability in democratic societies. As democracies remain embroiled in armed conflicts, and continue to try to come to grips with past atrocities, Democracy’s Blameless Leaders provides a timely analysis of why these events occur, why leaders behave as they do, and how a more accountable system might be developed.

The Terror Presidency Law and Judgment Inside the Bush Administration

Author: Jack Goldsmith
Publisher: W. W. Norton & Company
ISBN: 039333533X
Format: PDF, ePub, Mobi
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A conservative head of the Office of Legal Counsel evaluates the ways in which the challenges of George W. Bush's administration tested the boundary between law and defense, in a report that charges the president with damaging his own office and compromising the ability of his successors to respond forcefully in times of crisis. Reprint.

Power Wars

Author: Charlie Savage
Publisher: Little, Brown
ISBN: 0316286605
Format: PDF, ePub
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Pulitzer Prize-winning journalist Charlie Savage's penetrating investigation of the Obama presidency and the national security state Barack Obama campaigned on changing George W. Bush's "global war on terror" but ended up entrenching extraordinary executive powers, from warrantless surveillance and indefinite detention to military commissions and targeted killings. Then Obama found himself bequeathing those authorities to Donald Trump. How did the United States get here? In Power Wars, Charlie Savage reveals high-level national security legal and policy deliberations in a way no one has done before. He tells inside stories of how Obama came to order the drone killing of an American citizen, preside over an unprecendented crackdown on leaks, and keep a then-secret program that logged every American's phone calls. Encompassing the first comprehensive history of NSA surveillance over the past forty years as well as new information about the Osama bin Laden raid, Power Wars equips readers to understand the legacy of Bush's and Obama's post-9/11 presidencies in the Trump era.

Regulating Covert Action

Author: William Michael Reisman
Publisher: Yale University Press
ISBN: 9780300050592
Format: PDF, Docs
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Covert activity has always been a significant element of international politics. This book attempts to assess the lawfulness of covert action under US and international law and faces the implications for democratic states that covert operations pose.

Power Without Constraint

Author: Chris Edelson
Publisher: University of Wisconsin Pres
ISBN: 0299307409
Format: PDF, ePub, Docs
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Despite rhetorical differences, the administrations of George W. Bush and Barack Obama have both claimed broadly unrestrained presidential power in matters of military force, surveillance, and the state secrets privilege.

The Counterinsurgent s Constitution

Author: Ganesh Sitaraman
Publisher: Oxford University Press
ISBN: 0199930317
Format: PDF, ePub, Mobi
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When the U.S. military began its "surge" in Iraq in 2006, counterinsurgency effectively became its dominant approach for fighting wars. Yet many of the major controversies and debates surrounding counterinsurgency operations have turned not on military questions but on legal ones: Who can the U.S. military attack with drones? Is the occupation of Iraq legitimate? What tradeoffs should the military make between self-protection and civilian casualties? What is the right framework for negotiating with the Taliban? How can we build the rule of law in Afghanistan? The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. It explains why law matters in counterinsurgency, how law operates during counterinsurgency, and how law and counterinsurgency strategy can be better integrated. As Ganesh Sitaraman shows, far from being opposed, law and strategy are aligned and reinforcing. Following the laws of war is not just the right thing to do, it is strategically beneficial. Reconciliation with enemies can both end the conflict and preserve the possibility of justice for war crimes. Building the rule of law is not simply altruistic "nation-building," but an important strategy for success. The first book on law and counterinsurgency strategy, The Counterinsurgent's Constitution seamlessly integrates law and military strategy to illuminate some of the most pressing issues in warfare and the transition from war to peace.

Borderless Wars

Author: Antonia Chayes
Publisher: Cambridge University Press
ISBN: 1316467813
Format: PDF, ePub, Mobi
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In 2011, Nasser Al-Awlaki, a terrorist on the US 'kill list' in Yemen, was targeted by the CIA. A week later, a military strike killed his son. The following year, the US Ambassador to Pakistan resigned, undermined by CIA-conducted drone strikes of which he had no knowledge or control. The demands of the new, borderless 'gray area' conflict have cast civilians and military into unaccustomed roles with inadequate legal underpinning. As the Department of Homeland Security defends against cyber threats and civilian contractors work in paramilitary roles abroad, the legal boundaries of war demand to be outlined. In this book, former Under Secretary of the Air Force Antonia Chayes examines these new 'gray areas' in counterinsurgency, counter-terrorism and cyber warfare. Her innovative solutions for role definition and transparency will establish new guidelines in a rapidly evolving military-legal environment.

Untrodden Ground

Author: Harold H. Bruff
Publisher: University of Chicago Press
ISBN: 022621110X
Format: PDF
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Examines constitutional innovations related to executive power made by each of the nation's forty-four presidents.