Power and Constraint: The Accountable Presidency After 9/11
Power and Constraint: The Accountable Presidency After 9/11

Author: Jack Goldsmith

Publisher: W. W. Norton & Company

Published: 2012-03-12

Total Pages: 337

ISBN-13: 0393083519

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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 Without Constraint
Power Without Constraint

Author: Chris Edelson

Publisher: University of Wisconsin Pres

Published: 2016-05-11

Total Pages: 250

ISBN-13: 0299307409

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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?

Structures of Power and Constraint
Structures of Power and Constraint

Author: Craig Calhoun

Publisher: Cambridge University Press

Published: 1990-11-30

Total Pages: 0

ISBN-13: 0521365988

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This book discusses the question: are social structures products of human action, expressions of individual or group power?

Overcoming Necessity
Overcoming Necessity

Author: Thomas P. Crocker

Publisher: Yale University Press

Published: 2020-07-14

Total Pages: 345

ISBN-13: 0300181612

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An argument for why emergencies are no excuse for extralegal action by presidents Using emergency as a cause for action ultimately leads to an almost unnoticed evolution in the political understanding of presidential powers. The Constitution, however, was designed to function under "states of exception," most notably through the separation of powers, and provides ample internal checks on emergency actions taken under claims of necessity. Thomas Crocker urges Congress, the courts, and other bodies to put those checks into practice.

War and Democratic Constraint
War and Democratic Constraint

Author: Matthew A. Baum

Publisher: Princeton University Press

Published: 2015-04-27

Total Pages: 274

ISBN-13: 0691165238

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Why do some democracies reflect their citizens' foreign policy preferences better than others? What roles do the media, political parties, and the electoral system play in a democracy's decision to join or avoid a war? War and Democratic Constraint shows that the key to how a government determines foreign policy rests on the transmission and availability of information. Citizens successfully hold their democratic governments accountable and a distinctive foreign policy emerges when two vital institutions—a diverse and independent political opposition and a robust media—are present to make timely information accessible. Matthew Baum and Philip Potter demonstrate that there must first be a politically potent opposition that can blow the whistle when a leader missteps. This counteracts leaders' incentives to obscure and misrepresent. Second, healthy media institutions must be in place and widely accessible in order to relay information from whistle-blowers to the public. Baum and Potter explore this communication mechanism during three different phases of international conflicts: when states initiate wars, when they respond to challenges from other states, or when they join preexisting groups of actors engaged in conflicts. Examining recent wars, including those in Afghanistan and Iraq, War and Democratic Constraint links domestic politics and mass media to international relations in a brand-new way.

Fidelity & Constraint
Fidelity & Constraint

Author: Lawrence Lessig

Publisher: Oxford University Press

Published: 2019-04-03

Total Pages: 596

ISBN-13: 0190932562

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The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.

Why America Loses Wars
Why America Loses Wars

Author: Donald Stoker

Publisher: Cambridge University Press

Published: 2022-05-26

Total Pages: 345

ISBN-13: 1009220888

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How can you achieve victory in war if you don't have a clear idea of your political aims and a vision of what victory means? In this provocative challenge to US political aims and strategy, Donald Stoker argues that America endures endless wars because its leaders no longer know how to think about war, particularly wars fought for limited aims, taking the nation to war without understanding what they want or valuing victory and thus the ending of the war. He reveals how flawed ideas on so-called 'limited war' and war in general evolved against the backdrop of American conflicts in Korea, Vietnam, Iraq, and Afghanistan. These ideas, he shows, undermined America's ability to understand, wage, and win its wars, and to secure peace. Now fully updated to incorporate the American withdrawal from Afghanistan, Why America Loses Wars dismantles seventy years of misguided thinking and lays the foundations for a new approach to the wars of tomorrow.

Theory of Constraints Handbook
Theory of Constraints Handbook

Author: James F. Cox

Publisher: McGraw Hill Professional

Published: 2010-05-06

Total Pages: 1214

ISBN-13: 0071665552

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The definitive guide to the theory of constraints In this authoritative volume, the world's top Theory of Constraints (TOC) experts reveal how to implement the ground-breaking management and improvement methodology developed by Dr. Eliyahu M. Goldratt. Theory of Constraints Handbook offers an in-depth examination of this revolutionary concept of bringing about global organization performance improvement by focusing on a few leverage points of the system. Clear explanations supplemented by examples and case studies define how the theory works, why it works, what issues are resolved, and what benefits accrue, and demonstrate how TOC can be applied to different industries and situations. Theory of Constraints Handbook covers: Critical Chain Project Management for realizing major improvements in delivering projects on time, to specification, and within budget Drum-Buffer-Rope (DBR), Buffer Management, and distribution for maximizing throughput and minimizing flow time Performance measures for applying Throughput Accounting to improve organizational performance Strategy, marketing, and sales techniques designed to increase sales closing rates and Throughput Thinking Processes for simple and complex environments TOC methods to ensure that services actions support escalating demand for services while retaining financial viability Integrating the TOC Thinking Processes, the Strategy and Tactic Tree, TOC measurements, the Five Focusing Steps of TOC, and Six Sigma as a system of tools for sustainable improvement

While Dangers Gather
While Dangers Gather

Author: William G. Howell

Publisher: Princeton University Press

Published: 2011-06-27

Total Pages: 360

ISBN-13: 140084083X

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Nearly five hundred times in the past century, American presidents have deployed the nation's military abroad, on missions ranging from embassy evacuations to full-scale wars. The question of whether Congress has effectively limited the president's power to do so has generally met with a resounding "no." In While Dangers Gather, William Howell and Jon Pevehouse reach a very different conclusion. The authors--one an American politics scholar, the other an international relations scholar--provide the most comprehensive and compelling evidence to date on Congress's influence on presidential war powers. Their findings have profound implications for contemporary debates about war, presidential power, and Congress's constitutional obligations. While devoting special attention to the 2003 invasion of Iraq, this book systematically analyzes the last half-century of U.S. military policy. Among its conclusions: Presidents are systematically less likely to exercise military force when their partisan opponents retain control of Congress. The partisan composition of Congress, however, matters most for proposed deployments that are larger in size and directed at less strategically important locales. Moreover, congressional influence is often achieved not through bold legislative action but through public posturing--engaging the media, raising public concerns, and stirring domestic and international doubt about the United States' resolve to see a fight through to the end.

A Beautiful Constraint
A Beautiful Constraint

Author: Adam Morgan

Publisher: John Wiley & Sons

Published: 2015-01-07

Total Pages: 295

ISBN-13: 1118899458

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An inspiring yet practical guide for transforming limitations into opportunities A Beautiful Constraint: How to Transform Your Limitations Into Advantages And Why It's Everyone's Business Now is a book about everyday, practical inventiveness, designed for the constrained times in which we live. It describes how to take the kinds of issues that all of us face today—lack of time, money, resources, attention, know-how—and see in them the opportunity for transformation of oneself and one's organization's fortunes. The ideas in the book are based on the authors' extensive work as business consultants, and are brought to life in 35 personal interviews from such varied sources as Nike, IKEA, Unilever, the U.S. Navy, Formula One racecar engineers, public school teachers in California, and barley farmers in South Africa. Underpinned by scientific research into the psychology of breakthrough, the book is a practical handbook full of tools and tips for how to make more from less. Beautifully designed and accessible, A Beautiful Constraint will appeal beyond its core business audience to anyone who needs to find the opportunity in constraint. The book takes the reader on a journey through the mindset, method and motivation required to move from the initial "victim" stage into the transformation stage. It challenges us to: Examine how we've become path dependent—stuck with routines that blind us from seeing opportunity along new paths Ask Propelling Questions to help us break free of those paths and put the most pressing and valuable constraints at the heart of our process Adopt a Can If mentality to answer these questions—focused on "how," not "if" Access the abundance to be found all around us to help transform constraints Activate the high-octane mix of emotions necessary to fuel the tenacity required for success We live in a world of seemingly ever-increasing constraints, driven as much by an overabundance of choices and connections as by a scarcity of time and resources. How we respond to these constraints is one of the most important issues of our time and will be a large determinant of our progress as people, businesses and planet, in the future. A Beautiful Constraint calls for a more widespread capability for constraint-driven problem solving and provides the framework to achieve that.