Military Commissions in Light of the Supreme Court Decision in Hamdan V. Rumsfeld - Scholar's Choice Edition
Military Commissions in Light of the Supreme Court Decision in Hamdan V. Rumsfeld - Scholar's Choice Edition

Author: United States Congress Senate Committee

Publisher:

Published: 2015-02-14

Total Pages: 382

ISBN-13: 9781298009272

DOWNLOAD EBOOK

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Military Commissions in Light of the Supreme Court Decision in Hamdan V. Rumsfeld
Military Commissions in Light of the Supreme Court Decision in Hamdan V. Rumsfeld

Author: John Warner

Publisher:

Published: 2007-08

Total Pages: 375

ISBN-13: 9781422317143

DOWNLOAD EBOOK

Witnesses: Scott Black, Judge Advocate Gen., U.S. Army; James McPherson, Judge Advocate Gen., U.S. Navy; Jack Rives, Judge Advocate Gen., U.S. Air Force; Kevin Sandkulher, Judge Advocate to the Commandant, U.S. Marine Corps; Thomas Romig, Former Judge Advocate Gen., U.S. Army; John Hutson, Former Judge Advocate Gen., U.S. Navy; Elisa Massimino, Human Rights First; Katherine Newell Bierman, Human Rights Watch; Eugene Fidell, Nat. Inst. of Military Justice; Michael Mernin, Assoc. of the Bar of the City of N.Y.; James Carafano, The Heritage Found.; Neal Katyal, Georgetown Univ.; David Schlueter, St. Mary¿s Univ.; Scott Silliman, Duke Univ.; Alberto Gonzales, U.S. Att. Gen.; & Gordon England, Dep. Sec. of DoD.

Counterterrorism: Democracy’s Challenge
Counterterrorism: Democracy’s Challenge

Author: Andrea Bianchi

Publisher: Bloomsbury Publishing

Published: 2008-07-30

Total Pages: 470

ISBN-13: 1847314376

DOWNLOAD EBOOK

Terrorist violence is no novelty in human history and, while government reactions to it have varied over time, some lessons can be learnt from the past. Indeed, the debate on when and how a state should use emergency powers that limit individual freedoms is nearly as old as the history of political thought. After reviewing some history of state responses to terrorist violence and their efficacy, this book sets out to assess the effects of contemporary counterterrorism law and policies on democratic states. In particular, it considers the interaction between national and international law in shaping and implementing anti-terror measures, and the difficult role of the judiciary in striking a balance between security concerns and fundamental rights. It also examines the strains this has caused on some democracies, especially a blurring in the separation of powers between the legislative, executive and judicial branches of government, giving reason to enquire afresh whether new paradigms are needed. Finally, the issue of whether the doctrine of constitutionalism can provide an appropriate frame of analysis to encapsulate current developments in international law in response to terrorism is broached. By drawing on the expertise of historians, political scientists and lawyers, this book promotes transdisciplinary dialogue, recognising that counterterrorism is an issue at the intersection of law and politics that has profound implications for democratic institutions and practices.

Outside the Law
Outside the Law

Author: Clement Fatovic

Publisher: JHU Press

Published: 2009-09-30

Total Pages: 363

ISBN-13: 0801893623

DOWNLOAD EBOOK

The origins of presidential claims to extraconstitutional powers during national crises are contentious points of debate among constitutional and legal scholars. The Constitution is silent on the matter, yet from Abraham Lincoln's suspension of habeas corpus during the Civil War to George W. Bush's creation of the "enemy combatants" label, a number of presidents have invoked emergency executive power in defense of actions not specifically endorsed in the Constitution or granted by Congress. Taking up the debate, Clement Fatovic digs into the intellectual history of the nation's founding to argue that the originators of liberal constitutional theory explicitly endorsed the use of extraordinary, extralegal measures to deal with genuine national emergencies. He traces the evolution of thought on the matter through the writings of John Locke, David Hume, William Blackstone, and the founding fathers, finding in them stated support for what Locke termed "prerogative," tempered by a carefully construed concept of public-oriented virtues. Fatovic maintains that the founders believed that moral character and republican decency would restrain the president from abusing this grant of enhanced authority and ensure that it remained temporary. This engaging, carefully considered survey of the conceptions of executive power in constitutional thought explains how liberalism's founders attempted to reconcile the principles of constitutional government with the fact that some circumstances would demand that an executive take normally proscribed actions. Scholars of liberalism, the American founding, and the American presidency will find Fatovic's reasoned arguments against the conventional wisdom enlightening. -- Ernest B. Abbott