Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War
Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War

Author: Arthur H. Garrison

Publisher: Lexington Books

Published: 2011-05-13

Total Pages: 502

ISBN-13: 0739151045

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From the foundation of the American Republic, presidents have had to deal with both internal and external national security threats. From President Washington and his policy of neutrality during the wars between Great Britain and France in the eighteenth century, to President Lincoln and the war to save the union, to President Wilson during the war to end all wars, to President Roosevelt and war of the Greatest Generation, to President Truman and his steel during the forgotten war, and most recently to President Bush and the War on Terror, presidents have had to use their power as commander-in-chief to meet the challenges of national crisis and war. The judiciary, specifically the Supreme Court, has also played an integral part in the historical development and defining of the commander-in-chief power in times of war and national crisis from the earliest days of the republic. How these powers have grown is a consequence of how the presidents have viewed the office of the presidency and how the judiciary has interpreted the commander-in-chief and executive power clauses of the U.S. Constitution over time. Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War provides a chronological review of the major national security and war events in American history. Garrison reviews the great debates between Hamilton and Madison and Chief Justice Roger Taney and Attorney General Edward Bates on presidential executive power and how subsequent presidents have adopted the Hamiltonian view of the presidency. He also examines how Article III courts, specifically the Supreme Court, have defined, expanded, and established boundaries on the commander-in-chief power. With this historical backdrop, Garrison reveals how, for over two centuries, the judiciary has defended the rule of law and maintained the principle that under the U.S. Constitution neither the guns of war nor threats to safety have silenced the rule of law.

Restoring the Global Judiciary
Restoring the Global Judiciary

Author: Martin S. Flaherty

Publisher: Princeton University Press

Published: 2019-09-03

Total Pages: 344

ISBN-13: 069118612X

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Why there should be a larger role for the judiciary in American foreign relations In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.

Supreme Court Expansion of Presidential Power
Supreme Court Expansion of Presidential Power

Author: Louis Fisher

Publisher: University Press of Kansas

Published: 2017-07-14

Total Pages: 350

ISBN-13: 0700624678

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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.

Abraham Lincoln and the US Constitution, 1861-1865
Abraham Lincoln and the US Constitution, 1861-1865

Author: Nicolas Gachon

Publisher: Cambridge Scholars Publishing

Published: 2022-10-13

Total Pages: 137

ISBN-13: 1527589897

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This volume offers a historical and documented account of the constitutional issues underlying President Abraham Lincoln’s determination to save the Union between 1861 and 1865. It provides students of US history and politics with a simple, precise approach to the complex power game between the three branches of the federal government. While both the Civil War and the Emancipation issue are present across the different chapters, the book focuses on constitutional issues to provide a clear analysis of the way Lincoln used or misused the US Constitution in a context of emergency.

The Presidents and the Constitution, Volume One
The Presidents and the Constitution, Volume One

Author: Ken Gormley

Publisher: NYU Press

Published: 2020-03-24

Total Pages: 411

ISBN-13: 1479802050

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Shines a light on the constitutional issues that confronted and shaped each presidency from George Washington to the Progressive Era Drawing from the monumental The Presidents and the Constitution: A Living History, published in 2016, the nation’s foremost experts in the American presidency and the US Constitution join together to tell the intertwined stories of how the first twenty-seven distinctive American presidents have confronted and shaped the Constitution and thus defined the most powerful office in human history. From George Washington to William Howard Taft, The Presidents and the Constitution, Volume 1 illuminates the evolving American presidency in a unique way—through the lens of the Constitution itself. Arranged chronologically by president, the book examines the constitutional issues confronting each president in the context of the personalities driving historical events.The contributors illustrate the extensive powers of the American presidency in domestic and foreign affairs, showing how they have been used by the men who were granted them, and brings to light the overarching constitutional themes that span this country’s history and tie each presidency to the other branches of government.

The Presidents and the Constitution
The Presidents and the Constitution

Author: Ken Gormley

Publisher: NYU Press

Published: 2016-05-10

Total Pages: 711

ISBN-13: 1479839906

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Shines new light on America's brilliant constitutional and presidential history, from George Washington to Barack Obama. In this sweepingly ambitious volume, the nation’s foremost experts on the American presidency and the U.S. Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the office—the first president to the forty-fourth—has contributed to the story of the Constitution through the decisions he made and the actions he took as the nation’s chief executive. By examining presidential history through the lens of constitutional conflicts and challenges, The Presidents and the Constitution offers a fresh perspective on how the Constitution has evolved in the hands of individual presidents. It delves into key moments in American history, from Washington’s early battles with Congress to the advent of the national security presidency under George W. Bush and Barack Obama, to reveal the dramatic historical forces that drove these presidents to action. Historians and legal experts, including Richard Ellis, Gary Hart, Stanley Kutler and Kenneth Starr, bring the Constitution to life, and show how the awesome powers of the American presidency have been shapes by the men who were granted them. The book brings to the fore the overarching constitutional themes that span this country’s history and ties together presidencies in a way never before accomplished.

Shaping US Military Law
Shaping US Military Law

Author: Joshua E. Kastenberg

Publisher: Routledge

Published: 2016-04-01

Total Pages: 268

ISBN-13: 1317055780

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Since the United States’ entry into World War II, the federal judiciary has taken a prominent role in the shaping of the nation’s military laws. Yet, a majority of the academic legal community studying the relationship between the Court and the military establishment argues otherwise providing the basis for a further argument that the legal construct of the military establishment is constitutionally questionable. Centering on the Cold War era from 1968 onward, this book weaves judicial biography and a historic methodology based on primary source materials into its analysis and reviews several military law judicial decisions ignored by other studies. This book is not designed only for legal scholars. Its intended audience consists of Cold War, military, and political historians, as well as political scientists, and, military and national security policy makers. Although the book’s conclusions are likely to be favored by the military establishment, the purpose of this book is to accurately analyze the intersection of the later twentieth century’s American military, political, social, and cultural history and the operation of the nation’s armed forces from a judicial vantage.

Historical Dictionary of United States-Middle East Relations
Historical Dictionary of United States-Middle East Relations

Author: Peter L. Hahn

Publisher: Rowman & Littlefield

Published: 2016-09-19

Total Pages: 379

ISBN-13: 1442262958

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U.S. foreign relations in the Middle East has remained crucial through many decades and the complications facing the United States in the Middle East have become even more acute. While the United States downgraded its military operations in Iraq, that country failed to achieve a stable, democratic footing and instead experienced schism and civil strife. Israeli-Palestinian disputes over land, the status of refugees, and control of Jerusalem intensified, and international conflicts between Arab states and Israel escalated for the first time since the 1980s. The Arab Spring protest movements of 2011 and after ignited political turmoil across the region, leading to revolutionary change in several states and triggering persistent unrest and violence in Libya, Egypt, Tunisia, Yemen, Syria, and Iraq. During the recent decade, in short, the Middle East has become the most unstable, dangerous, and complicated region of the world and the United States remains near the center of the maelstrom. This second edition of Historical Dictionary of United States-Middle East Relations contains a chronology, an introduction, appendixes, and an extensive bibliography. The dictionary section has over 300 cross-referenced entries on national leaders, non-governmental organizations, policy initiatives, and armed conflicts, as well as entries on such topics as intelligence, immigration, and weapons of mass destruction. This book is an excellent access point for students, researchers, and anyone wanting to know more about the US and Middle East Relations.

Permanent State of Emergency
Permanent State of Emergency

Author: Ryan Alford

Publisher: McGill-Queen's Press - MQUP

Published: 2017-06-01

Total Pages: 333

ISBN-13: 0773549218

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In the wake of the attacks of September 11, 2001, the United States launched initiatives that test the limits of international human rights law. The indefinite detention and torture of detainees at Guantánamo Bay, targeted killing, and mass surveillance require an expansion of executive authority that negates the rule of law. In Permanent State of Emergency, Ryan Alford establishes that the ongoing failure to address human rights abuses is a symptom of the most serious constitutional crisis in American history. Instead of curbing the increase in executive power, Congress and the courts facilitated the breakdown of the nation’s constitutional order and set the stage for presidential supremacy. The presidency, Alford argues, is now more than imperial: it is an elective dictatorship. Providing both an overview and a systematic analysis of the new regime, he objectively demonstrates that it does not meet even the minimum requirements of the rule of law. At this critical juncture in American democracy, Permanent State of Emergency alerts the public to the structural transformation of the state and reiterates the importance of the constitutional limits of the American presidency.

The American Presidents From Polk to Hayes
The American Presidents From Polk to Hayes

Author: Robert A. Nowlan, Ph.D.

Publisher: Outskirts Press

Published: 2016-01-31

Total Pages: 890

ISBN-13: 1478765720

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American Presidents, Polk to Hayes. What They Did. What They Said, What Was Said About Them is the second book in a planned five volume series, covering all the Presidents. These 43 men (so far) have succeeded in some regards and failed in others as they strove to do the best they could in what is surely one of the most difficult jobs in the world. Only they can truly appreciate what it takes to be the president. Others can only speculate. People feel strongly about U.S. Presidents. Some they admire – others they hate. It is fair game to criticize a president’s actions and policies. However, questioning their commitment to American ideals seems like hitting below the belt. There are no willing villains. Most people can find justification for their actions, beliefs, and prejudices. Each president strove to do the best he could for the nation and its people. This goal of the book is not to praise presidents, nor is it to condemn them. The subtitle of each of the five books in the series: What They Did. What They Said, What Was Said About Them, perfectly describes the approach adopted to tell their stories in a unique, way, meant to entertain as well as inform. Readers are asked to make their own judgments of the presidencies based on more information that the semi-myths they may recall History courses or what is preached in the many longstanding and despicable negative campaigning, mudslinging and character assassination reports they hear from partisans. One can find much to admire about each of the presidents and unfortunately much to deplore. Soldiers are told that in giving salutes to officers is not honoring the individuals, but rather their rank. If there are presidents, readers just feel they cannot salute, hopefully they can salute the presidency.