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Offers coverage of wartime extra-legal courts. Focusing on those periods when the Constitution and civil liberties have been most severely tested by threats to national security, Fisher critiques tribunals called during the presidencies of Washington, Madison, Jackson, Lincoln, Andrew Johnson, Wilson, Franklin Roosevelt, and Truman.
Book Synopsis Military Tribunals and Presidential Power by : Louis Fisher
Download or read book Military Tribunals and Presidential Power written by Louis Fisher and published by . This book was released on 2005 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers coverage of wartime extra-legal courts. Focusing on those periods when the Constitution and civil liberties have been most severely tested by threats to national security, Fisher critiques tribunals called during the presidencies of Washington, Madison, Jackson, Lincoln, Andrew Johnson, Wilson, Franklin Roosevelt, and Truman.
For this new edition, Louis Fisher has updated his arguments to include critiques of the Clinton & Bush presidencies, particularly the Use of Force Act, the Iraq Resolution of 2002, the 'preemption doctrine' of the current U.S. administration, & the order authorizing military tribunals.
Book Synopsis Presidential War Power by : Louis Fisher
Download or read book Presidential War Power written by Louis Fisher and published by . This book was released on 2004 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: For this new edition, Louis Fisher has updated his arguments to include critiques of the Clinton & Bush presidencies, particularly the Use of Force Act, the Iraq Resolution of 2002, the 'preemption doctrine' of the current U.S. administration, & the order authorizing military tribunals.
Weaving together firsthand accounts of military personnel who witnessed the interrogations with the words of the prisoners themselves, Margulies exposes the chilling reality of Guantanamo Bay.
Book Synopsis Guantanamo and the Abuse of Presidential Power by : Joseph Margulies
Download or read book Guantanamo and the Abuse of Presidential Power written by Joseph Margulies and published by Simon and Schuster. This book was released on 2007-07-03 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Weaving together firsthand accounts of military personnel who witnessed the interrogations with the words of the prisoners themselves, Margulies exposes the chilling reality of Guantanamo Bay.
A classic and bestselling work by one of America’s top Constitutional scholars, Presidential War Power garnered the lead review in the New York Times Book Review and raised essential issues that have only become more timely, relevant, and controversial in our post-9/11 era. In this third edition, Louis Fisher updates his arguments throughout, critiques the presidential actions of George W. Bush and Barack Obama, and challenges what he views as their dangerous expansion of executive power. Spanning the life of the Republic from the Revolutionary Era to the War on Terror, the new edition covers for the first time: * Indefinite detention of civilians and non-civilians without trial * President Obama’s failed effort to close Guantánamo * NSA wiretapping and Fourth Amendment violations * Presidential decision-making relating to the wind-down of the wars in Iraq and Afghanistan * U.S. military operations against Libya in 2011 * Continued abuse of the state secrets privilege in national security court cases * Secret legal memos justifying the use of UAVs or drones for targeted killings overseas * Extended comparison of the expansion of executive power under George W. Bush and Barack Obama
Book Synopsis Presidential War Power by : Louis Fisher
Download or read book Presidential War Power written by Louis Fisher and published by University Press of Kansas. This book was released on 2013-08-19 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: A classic and bestselling work by one of America’s top Constitutional scholars, Presidential War Power garnered the lead review in the New York Times Book Review and raised essential issues that have only become more timely, relevant, and controversial in our post-9/11 era. In this third edition, Louis Fisher updates his arguments throughout, critiques the presidential actions of George W. Bush and Barack Obama, and challenges what he views as their dangerous expansion of executive power. Spanning the life of the Republic from the Revolutionary Era to the War on Terror, the new edition covers for the first time: * Indefinite detention of civilians and non-civilians without trial * President Obama’s failed effort to close Guantánamo * NSA wiretapping and Fourth Amendment violations * Presidential decision-making relating to the wind-down of the wars in Iraq and Afghanistan * U.S. military operations against Libya in 2011 * Continued abuse of the state secrets privilege in national security court cases * Secret legal memos justifying the use of UAVs or drones for targeted killings overseas * Extended comparison of the expansion of executive power under George W. Bush and Barack Obama
An inspiring legal thriller set against the backdrop of the war on terror, The Challenge tells the inside story of a historic Supreme Court showdown. At its center are a Navy JAG and a young constitutional law professor who, in the aftermath of 9/11, find themselves defending their nation in the unlikeliest of ways: by suing the president of the United States on behalf of an accused terrorist in order to prevent the American government from breaking the law and violating the Constitution. Jonathan Mahler traces the journey of their client, Salim Ahmed Hamdan, from the Yemeni mosque where he was first recruited for jihad in 1998, through his years working as a driver for Osama bin Laden, to his capture in Afghanistan in November 2001 and his subsequent transfer to Guantanamo Bay. It was there that Hamdan was designated by President Bush to be tried before a special military tribunal and assigned a military lawyer to represent him, a thirty-five-year-old graduate student of the Naval Academy, Lieutenant Commander Charles Swift. No one expected Swift to mount much of a defense. Not only were the rules of the tribunals, America's first in more than fifty years, stacked against him, his superiors at the Pentagon were pressuring him to persuade Hamdan to plead guilty. But Swift didn't believe that the tribunals were either legal or fair, so he enlisted a young Georgetown law professor named Neal Katyal to help him sue the Bush administration over their legality. In the spring of 2006, Katyal, who had almost no trial experience, took the case to the Supreme Court and won. The landmark ruling has been called the Court's most important decision ever on presidential power and the rule of law. Written with the cooperation of Swift and Katyal, The Challenge follows the braided stories of Swift's intense, precarious relationship with Hamdan and the unprecedented legal case itself. Combining rich character portraits and courtroom drama reminiscent of Jonathan Harr's A Civil Action with sophisticated yet accessible legal analysis, The Challenge is a riveting narrative that illuminates some of the most pressing constitutional questions of the post-9/11 era.
Book Synopsis The Challenge by : Jonathan Mahler
Download or read book The Challenge written by Jonathan Mahler and published by Farrar, Straus and Giroux. This book was released on 2008-08-05 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: An inspiring legal thriller set against the backdrop of the war on terror, The Challenge tells the inside story of a historic Supreme Court showdown. At its center are a Navy JAG and a young constitutional law professor who, in the aftermath of 9/11, find themselves defending their nation in the unlikeliest of ways: by suing the president of the United States on behalf of an accused terrorist in order to prevent the American government from breaking the law and violating the Constitution. Jonathan Mahler traces the journey of their client, Salim Ahmed Hamdan, from the Yemeni mosque where he was first recruited for jihad in 1998, through his years working as a driver for Osama bin Laden, to his capture in Afghanistan in November 2001 and his subsequent transfer to Guantanamo Bay. It was there that Hamdan was designated by President Bush to be tried before a special military tribunal and assigned a military lawyer to represent him, a thirty-five-year-old graduate student of the Naval Academy, Lieutenant Commander Charles Swift. No one expected Swift to mount much of a defense. Not only were the rules of the tribunals, America's first in more than fifty years, stacked against him, his superiors at the Pentagon were pressuring him to persuade Hamdan to plead guilty. But Swift didn't believe that the tribunals were either legal or fair, so he enlisted a young Georgetown law professor named Neal Katyal to help him sue the Bush administration over their legality. In the spring of 2006, Katyal, who had almost no trial experience, took the case to the Supreme Court and won. The landmark ruling has been called the Court's most important decision ever on presidential power and the rule of law. Written with the cooperation of Swift and Katyal, The Challenge follows the braided stories of Swift's intense, precarious relationship with Hamdan and the unprecedented legal case itself. Combining rich character portraits and courtroom drama reminiscent of Jonathan Harr's A Civil Action with sophisticated yet accessible legal analysis, The Challenge is a riveting narrative that illuminates some of the most pressing constitutional questions of the post-9/11 era.
Book Synopsis Opinion on the Constitutional Power of the Military to Try and Execute the Assassins of the President by : United States. Attorney-General
Download or read book Opinion on the Constitutional Power of the Military to Try and Execute the Assassins of the President written by United States. Attorney-General and published by . This book was released on 1865 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:
In the fourth of the Federalist Papers, published in 1787, John Jay warned of absolute monarchs who "will often make war when their nations are to get nothing by it." More than two centuries later, are single executives making unilateral decisions any more trustworthy? And have the checks on executive power, so critical in the Founders' drafting of the Constitution, held? These are the questions Louis Fisher pursues in this book. By examining the executive actions of American presidents, particularly after World War II, Fisher reveals how the Supreme Court, through errors and abdications, has expanded presidential power in external affairs beyond constitutional boundaries—and damaged the nation's system of checks and balances. Supreme Court Expansion of Presidential Power reviews the judicial record from 1789 to the present day to show how the balance of power has shifted over time. For nearly a century and a half, the Supreme Court did not indicate a preference for which of the two elected branches should dominate in the field of external affairs. But from the mid-thirties a pattern clearly emerges, with the Court regularly supporting independent presidential power in times of "emergency," or issues linked to national security. The damage this has done to democracy and constitutional government is profound, Fisher argues. His evidence extends beyond external affairs to issues of domestic policy, such as impoundment of funds, legislative vetoes, item-veto authority, presidential immunity in the Paula Jones case, recess appointments, and the Obama administration's immigration initiatives. Fisher identifies contemporary biases that have led to an increase in presidential power—including Supreme Court misconceptions and errors, academic failings, and mistaken beliefs about "inherent powers" and "unity of office." Calling to account the forces tasked with protecting our democracy from the undue exercise of power by any single executive, his deeply informed book sounds a compelling alarm.
Book Synopsis Supreme Court Expansion of Presidential Power by : Louis Fisher
Download or read book Supreme Court Expansion of Presidential Power written by Louis Fisher and published by University Press of Kansas. This book was released on 2017-07-14 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the fourth of the Federalist Papers, published in 1787, John Jay warned of absolute monarchs who "will often make war when their nations are to get nothing by it." More than two centuries later, are single executives making unilateral decisions any more trustworthy? And have the checks on executive power, so critical in the Founders' drafting of the Constitution, held? These are the questions Louis Fisher pursues in this book. By examining the executive actions of American presidents, particularly after World War II, Fisher reveals how the Supreme Court, through errors and abdications, has expanded presidential power in external affairs beyond constitutional boundaries—and damaged the nation's system of checks and balances. Supreme Court Expansion of Presidential Power reviews the judicial record from 1789 to the present day to show how the balance of power has shifted over time. For nearly a century and a half, the Supreme Court did not indicate a preference for which of the two elected branches should dominate in the field of external affairs. But from the mid-thirties a pattern clearly emerges, with the Court regularly supporting independent presidential power in times of "emergency," or issues linked to national security. The damage this has done to democracy and constitutional government is profound, Fisher argues. His evidence extends beyond external affairs to issues of domestic policy, such as impoundment of funds, legislative vetoes, item-veto authority, presidential immunity in the Paula Jones case, recess appointments, and the Obama administration's immigration initiatives. Fisher identifies contemporary biases that have led to an increase in presidential power—including Supreme Court misconceptions and errors, academic failings, and mistaken beliefs about "inherent powers" and "unity of office." Calling to account the forces tasked with protecting our democracy from the undue exercise of power by any single executive, his deeply informed book sounds a compelling alarm.
After the terrorist operations of September 11, 2001, President George W. Bush authorized the creation of military tribunals to try individuals who offered assistance to the attacks on New York City and Washington, D.C. The military order issued by President Bush closely tracks the model established by President Franklin D. Roosevelt for a military tribunal appointed in 1942 to try eight German saboteurs. In Ex parte Quirin (1942), the Supreme Court unanimously upheld the jurisdiction of Roosevelt's tribunal (also called "military commission"). This report summarizes the types of military tribunals that have functioned from the Revolutionary War to the present time, explaining the legislative enactments that have guided these tribunals and the judicial decisions that have reviewed their constitutionality. One of the principal methods of legislative control over military trials, including tribunals, are the Articles of War that Congress enacts into law. The Constitution vests in Congress the power to "constitute Tribunals inferior to the supreme Court," to "make rules for the Government and Regulation of the land and naval Forces," and to "define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations." By enacting Articles of War, Congress defined not only the procedures but also the punishments to be applied to the field of military law. At various times, executive officials have claimed that the President has authority under the Constitution to create military tribunals and does not depend on statutory authorization. The Supreme Court has never accepted that argument. Instead, it looks for implied or express statutory authority whenupholding military tribunals. On a number of occasions, federal courts have expressed concern that military tribunals enable an administration to exercise all three powers of government --- legislative, executive, and judicial --- and that the concentration of those powers thre
Book Synopsis Military Tribunals by : Louis Fisher
Download or read book Military Tribunals written by Louis Fisher and published by University Press of the Pacific. This book was released on 2005 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the terrorist operations of September 11, 2001, President George W. Bush authorized the creation of military tribunals to try individuals who offered assistance to the attacks on New York City and Washington, D.C. The military order issued by President Bush closely tracks the model established by President Franklin D. Roosevelt for a military tribunal appointed in 1942 to try eight German saboteurs. In Ex parte Quirin (1942), the Supreme Court unanimously upheld the jurisdiction of Roosevelt's tribunal (also called "military commission"). This report summarizes the types of military tribunals that have functioned from the Revolutionary War to the present time, explaining the legislative enactments that have guided these tribunals and the judicial decisions that have reviewed their constitutionality. One of the principal methods of legislative control over military trials, including tribunals, are the Articles of War that Congress enacts into law. The Constitution vests in Congress the power to "constitute Tribunals inferior to the supreme Court," to "make rules for the Government and Regulation of the land and naval Forces," and to "define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations." By enacting Articles of War, Congress defined not only the procedures but also the punishments to be applied to the field of military law. At various times, executive officials have claimed that the President has authority under the Constitution to create military tribunals and does not depend on statutory authorization. The Supreme Court has never accepted that argument. Instead, it looks for implied or express statutory authority whenupholding military tribunals. On a number of occasions, federal courts have expressed concern that military tribunals enable an administration to exercise all three powers of government --- legislative, executive, and judicial --- and that the concentration of those powers thre
Since the attacks of September 11th, there has been a sweeping revision of U.S. immigration laws, foreign intelligence gathering operations, and domestic law enforcement procedures. While aimed at countering terrorism and bringing to justice those individuals who are responsible for carrying out acts of terror against the U.S., many of these measures also involve a profound curtailment of our constitutional rights and liberties. Among the most controversial of the new measures is the unprecedented order authorizing the creation of special military tribunals to try non-citizens suspected of terrorism. In Secret Trials and Executions, Olshansky helps us step back for a moment to assess several of the Bush Administration's 2001 policy pronouncements, and examine how the Constitution addresses the cardinal issues of military authority and the requirements of due process and equal protection under the law, and how the courts and Congress have defined the proper roles of the executive, legislative, and judicial branches in our federal government. To provide a framework for this analysis, Olshansky looks at the history of military tribunals, whether the current situation warrants the type of forum proposed by the president, the official positions that our government has taken with regard to the use of military tribunals by other nations, the legal basis for the specific form of military tribunal that is established by the Military Order, what alternatives exist to bring to justice those who may be guilty of such crimes, what constitutional principles are at stake in this decision, and what the decision to use military tribunals will mean in terms of this country's credibility and moral authority in the international arena.
Book Synopsis Secret Trials and Executions by : Barbara Olshansky
Download or read book Secret Trials and Executions written by Barbara Olshansky and published by Seven Stories Press. This book was released on 2011-01-04 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the attacks of September 11th, there has been a sweeping revision of U.S. immigration laws, foreign intelligence gathering operations, and domestic law enforcement procedures. While aimed at countering terrorism and bringing to justice those individuals who are responsible for carrying out acts of terror against the U.S., many of these measures also involve a profound curtailment of our constitutional rights and liberties. Among the most controversial of the new measures is the unprecedented order authorizing the creation of special military tribunals to try non-citizens suspected of terrorism. In Secret Trials and Executions, Olshansky helps us step back for a moment to assess several of the Bush Administration's 2001 policy pronouncements, and examine how the Constitution addresses the cardinal issues of military authority and the requirements of due process and equal protection under the law, and how the courts and Congress have defined the proper roles of the executive, legislative, and judicial branches in our federal government. To provide a framework for this analysis, Olshansky looks at the history of military tribunals, whether the current situation warrants the type of forum proposed by the president, the official positions that our government has taken with regard to the use of military tribunals by other nations, the legal basis for the specific form of military tribunal that is established by the Military Order, what alternatives exist to bring to justice those who may be guilty of such crimes, what constitutional principles are at stake in this decision, and what the decision to use military tribunals will mean in terms of this country's credibility and moral authority in the international arena.
George W. Bush's presidency has helped accelerate a renewed interest in the legal or formal bases of presidential power. It is now abundantly clear that presidential power is more than the sum of bargaining, character, and rhetoric. Presidential power also inheres in the Constitution or at least assertions of constitutional powers. Judging Executive Power helps to bring the Constitution and the courts back into the study of the American presidency by introducing students to sixteen important Supreme Court cases that have shaped the power of the American presidency. The cases selected include the removal power, executive privilege, executive immunity, and the line-item veto, with particularly emphasis on a president's wartime powers from the Civil War to the War on Terror. Through introductions and postscripts that accompany each case, landmark judicial opinions are placed in their political and historical contexts, enabling students to understand the political forces that frame and the political consequences that follow from legal arguments and judgments.
Book Synopsis Judging Executive Power by : Richard J. Ellis
Download or read book Judging Executive Power written by Richard J. Ellis and published by Rowman & Littlefield. This book was released on 2009-03-16 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: George W. Bush's presidency has helped accelerate a renewed interest in the legal or formal bases of presidential power. It is now abundantly clear that presidential power is more than the sum of bargaining, character, and rhetoric. Presidential power also inheres in the Constitution or at least assertions of constitutional powers. Judging Executive Power helps to bring the Constitution and the courts back into the study of the American presidency by introducing students to sixteen important Supreme Court cases that have shaped the power of the American presidency. The cases selected include the removal power, executive privilege, executive immunity, and the line-item veto, with particularly emphasis on a president's wartime powers from the Civil War to the War on Terror. Through introductions and postscripts that accompany each case, landmark judicial opinions are placed in their political and historical contexts, enabling students to understand the political forces that frame and the political consequences that follow from legal arguments and judgments.
