Download or read book Executive Secrecy and Democratic Politics written by Dorothee Riese and published by Springer Nature. This book was released on 2023-05-26 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the parliamentary negotiation of executive secrecy. Parliaments depend on information to fulfil their roles as the people’s representatives, legislators and overseers of the executive. However, there are examples of executive secrecy across all policy fields. How, then, do parliamentary actors try to reconcile secrecy and the normative demands of an open, democratic society? This volume analyses parliamentary arguments, conflicts and patterns of agreement around this topic in the case of Germany. Based on two case studies – intelligence agencies secrecy and Public Private Partnership secrecy – it argues that substantive justifications of secrecy focusing on necessity are highly contested. By contrast, procedural legitimation of secrecy, namely deciding about it democratically, is crucial. Still, there are inherent limits to the legitimation of executive secrecy. The book therefore underlines the fragility of secrecy’s legitimation, and its need for constant actualisation.
Download or read book Executive Privilege written by Mark J. Rozell and published by JHU Press. This book was released on 1994 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on White House and congressional documents as well as on personal interviews, Mark Rozell provides both a historical overview of executive privilege and an explanation of its importance in the political process. He argues for a return to a pre-Watergate understanding of the role of executive privilege.
Download or read book Democracy in the Dark written by Frederick A. O. Schwarz and published by New Press, The. This book was released on 2012-05-29 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A timely and provocative book exploring the origins of the national security state and the urgent challenge of reining it in” (The Washington Post). From Dick Cheney’s man-sized safe to the National Security Agency’s massive intelligence gathering, secrecy has too often captured the American government’s modus operandi better than the ideals of the Constitution. In this important book, Frederick A.O. Schwarz Jr., who was chief counsel to the US Church Committee on Intelligence—which uncovered the FBI’s effort to push Martin Luther King Jr. to commit suicide; the CIA’s enlistment of the Mafia to try to kill Fidel Castro; and the NSA’s thirty-year program to get copies of all telegrams leaving the United States—uses examples ranging from the dropping of the first atomic bomb and the Cuban Missile Crisis to Iran–Contra and 9/11 to illuminate this central question: How much secrecy does good governance require? Schwarz argues that while some control of information is necessary, governments tend to fall prey to a culture of secrecy that is ultimately not just hazardous to democracy but antithetical to it. This history provides the essential context to recent cases from Chelsea Manning to Edward Snowden. Democracy in the Dark is a natural companion to Schwarz’s Unchecked and Unbalanced, cowritten with Aziz Huq, which plumbed the power of the executive branch—a power that often depends on and derives from the use of secrecy. “[An] important new book . . . Carefully researched, engagingly written stories of government secrecy gone amiss.” —The American Prospect
Download or read book Reclaiming Accountability written by Heidi Kitrosser and published by University of Chicago Press. This book was released on 2015-01-06 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans tend to believe in government that is transparent and accountable. Those who govern us work for us, and therefore they must also answer to us. But how do we reconcile calls for greater accountability with the competing need for secrecy, especially in matters of national security? Those two imperatives are usually taken to be antithetical, but Heidi Kitrosser argues convincingly that this is not the case—and that our concern ought to lie not with secrecy, but with the sort of unchecked secrecy that can result from “presidentialism,” or constitutional arguments for broad executive control of information. In Reclaiming Accountability, Kitrosser traces presidentialism from its start as part of a decades-old legal movement through its appearance during the Bush and Obama administrations, demonstrating its effects on secrecy throughout. Taking readers through the key presidentialist arguments—including “supremacy” and “unitary executive theory”—she explains how these arguments misread the Constitution in a way that is profoundly at odds with democratic principles. Kitrosser’s own reading offers a powerful corrective, showing how the Constitution provides myriad tools, including the power of Congress and the courts to enforce checks on presidential power, through which we could reclaim government accountability.
Download or read book Behind Closed Doors written by Yan Campagnolo and published by UBC Press. This book was released on 2021-10-15 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era where government transparency and accountability are considered fundamental values, does Cabinet secrecy still have a place? The legal and political rules that protect the confidentiality of collective decision-making at the highest level of the state executive have come under increasing scrutiny in Canada. Behind Closed Doors: The Law and Politics of Cabinet Secrecy is the first comprehensive work on this controversial doctrine. Yan Campagnolo defends the practice of Cabinet secrecy by demonstrating that it is essential to the proper functioning of responsible government, while finding that the statutory provisions that support secrecy at the federal level are excessively broad and possibly unconstitutional. Employing a comparative analysis of the rules that apply provincially in Canada and in the United Kingdom, Australia, and New Zealand, this meticulous work proposes a feasible solution: specific reforms that would achieve a better balance between transparency and confidentiality.
Download or read book Transparency and Secrecy in European Democracies written by Dorota Mokrosinska and published by Routledge. This book was released on 2020-11-11 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume offers a critical discussion of the trade-offs between transparency and secrecy in the actual political practice of democratic states in Europe. As such, it answers to a growing need to systematically analyse the problem of secrecy in governance in this political and geographical context. Focusing on topical cases and controversies in particular areas, the contributors reflect on the justification and limits of the use of secrecy in democratic governance, register the social, cultural, and historical factors that inform this process and explore the criteria used by European legislators and policy-makers, both at the national and supranational level, when balancing interests on the sides of transparency and secrecy, respectively. This book will be of key interest to scholars and students of security studies, political science, European politics/studies, law, history, political philosophy, public administration, intelligence studies, media and communication studies, and information technology sciences.
Download or read book Secrets and Leaks written by Rahul Sagar and published by Princeton University Press. This book was released on 2016-05-10 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Secrets and Leaks examines the complex relationships among executive power, national security, and secrecy. State secrecy is vital for national security, but it can also be used to conceal wrongdoing. How then can we ensure that this power is used responsibly? Typically, the onus is put on lawmakers and judges, who are expected to oversee the executive. Yet because these actors lack access to the relevant information and the ability to determine the harm likely to be caused by its disclosure, they often defer to the executive's claims about the need for secrecy. As a result, potential abuses are more often exposed by unauthorized disclosures published in the press. But should such disclosures, which violate the law, be condoned? Drawing on several cases, Rahul Sagar argues that though whistleblowing can be morally justified, the fear of retaliation usually prompts officials to act anonymously--that is, to "leak" information. As a result, it becomes difficult for the public to discern when an unauthorized disclosure is intended to further partisan interests. Because such disclosures are the only credible means of checking the executive, Sagar writes, they must be tolerated, and, at times, even celebrated. However, the public should treat such disclosures skeptically and subject irresponsible journalism to concerted criticism.
Download or read book The Broken Branch written by Thomas E. Mann and published by Oxford University Press. This book was released on 2008 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two nationally renowned congressional scholars review the evolution of Congress from the early days of the republic to 2006, arguing that extreme partisanship and a disregard for institutional procedures are responsible for the institution's current state of dysfunction.
Download or read book National Security Secrecy written by Sudha Setty and published by Cambridge University Press. This book was released on 2017-07-13 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers how excessive national security secrecy undercuts democracy and the rule of law, necessitating comparative and critical analysis toward potential reforms.
Download or read book Presidential Secrecy and the Law written by Robert M. Pallitto and published by Johns Hopkins University Press+ORM. This book was released on 2007-05-01 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: A look at how U.S. presidents from Truman to George W. Bush employed secrecy and how it has affected the presidency and the American government. State secrets, warrantless investigations and wiretaps, signing statements, executive privilege?the executive branch wields many tools for secrecy. Since the middle of the twentieth century, presidents have used myriad tactics to expand and maintain a level of executive branch power unprecedented in this nation’s history. Most people believe that some degree of governmental secrecy is necessary. But how much is too much? At what point does withholding information from Congress, the courts, and citizens abuse the public trust? How does the nation reclaim rights that have been controlled by one branch of government? With Presidential Secrecy and the Law, Robert M. Pallitto and William G. Weaver attempt to answer these questions by examining the history of executive branch efforts to consolidate power through information control. They find the nation’s democracy damaged and its Constitution corrupted by staunch information suppression, a process accelerated when “black sites,” “enemy combatants,” and “ghost detainees” were added to the vernacular following the September 11, 2001, terror strikes. Tracing the current constitutional dilemma from the days of the imperial presidency to the unitary executive embraced by the administration of George W. Bush, Pallitto and Weaver reveal an alarming erosion of the balance of power. Presidential Secrecy and the Law will be the standard in presidential powers studies for years to come. “The well-organized and clearly written book illustrates the way the president’s use of document classification and state-secrets privilege to solidify presidential control are reinforced by legal decisions sympathetic to presidential power.” —Chronicle of Higher Education
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Download or read book Subtle Tools written by Karen J. Greenberg and published by Princeton University Press. This book was released on 2023-02-21 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: How policies forged after September 11 were weaponized under Trump and turned on American democracy itself In the wake of the September 11 terror attacks, the American government implemented a wave of overt policies to fight the nation’s enemies. Unseen and undetected by the public, however, another set of tools was brought to bear on the domestic front. In this riveting book, one of today’s leading experts on the US security state shows how these “subtle tools” imperiled the very foundations of democracy, from the separation of powers and transparency in government to adherence to the Constitution. Taking readers from Ground Zero to the Capitol insurrection, Karen Greenberg describes the subtle tools that were forged under George W. Bush in the name of security: imprecise language, bureaucratic confusion, secrecy, and the bypassing of procedural and legal norms. While the power and legacy of these tools lasted into the Obama years, reliance on them increased exponentially in the Trump era, both in the fight against terrorism abroad and in battles closer to home. Greenberg discusses how the Trump administration weaponized these tools to separate families at the border, suppress Black Lives Matter protests, and attempt to overturn the 2020 presidential election. Revealing the deeper consequences of the war on terror, Subtle Tools paints a troubling portrait of an increasingly undemocratic America where disinformation, xenophobia, and disdain for the law became the new norm, and where the subtle tools of national security threatened democracy itself.
Download or read book Secrecy National Security and the Vindication of Constitutional Law written by D. Cole and published by Edward Elgar Publishing. This book was released on 2013 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis is an important collection of scholarly essays that will illuminate positive legal developments and normative constitutionalist concerns in the expanding arena of secret government decisions. This book is indispensable reading for those concerned with constitutionalism, the rule of law and democracy as they bear on the tensions between secrecy and disclosure in government responses to terrorism.Õ Ð Vicki C. Jackson, Harvard University Law School, US ÔThis book contains the broadest and deepest analysis of the legal and policy issues that relate to secrecy and national security on one hand, and the imperatives of a functioning democracy on the other. The broadest because it brings to bear materials from many countries, the deepest because it brilliantly explores a core problem of constitutional government.Õ Ð Norman Dorsen, New York University, US and President, American Civil Liberties Union, 1976Ð1991 Virtually every nation has had to confront tensions between the rule-of-law demands for transparency and accountability and the need for confidentiality with respect to terrorism and national security. This book provides a global and comparative overview of the implications of governmental secrecy in a variety of contexts. Expert contributors from around the world discuss the dilemmas posed by the necessity for Ð and evils of Ð secrecy, and assess constitutional mechanisms for checking the abuse of secrecy by national and international institutions in the field of counter-terrorism. In recent years, nations have relied on secret evidence to detain suspected terrorists and freeze their assets, have barred lawsuits alleging human rights violations by invoking Ôstate secretsÕ, and have implemented secret surveillance and targeted killing programs. The book begins by addressing the issue of secrecy at the institutional level, examining the role of courts and legislatures in regulating the use of secrecy claims by the executive branch of government. From there, the focus shifts to the three most vital areas of anti-terrorism law: preventive detention, criminal trials and administrative measures (notably, targeted economic sanctions). The contributors explore how assertions of secrecy and national security in each of these areas affect the functioning of the legal system and the application of procedural justice and fairness. Students, professors and researchers interested in constitutional law, international law, comparative law and issues of terrorism and security will find this an invaluable addition to the literature. Judges, lawyers and policymakers will also find much of use in this critical volume.
Download or read book The Imperial Presidency written by Arthur Meier Schlesinger and published by Houghton Mifflin Harcourt. This book was released on 2004 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Download or read book Deep State written by Marc Ambinder and published by Turner Publishing Company. This book was released on 2013-02-14 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a hidden country within the United States. It was formed from the astonishing number of secrets held by the government and the growing ranks of secret-keepers given charge over them. The government secrecy industry speaks in a private language of codes and acronyms, and follows an arcane set of rules and customs designed to perpetuate itself, repel penetration, and deflect oversight. It justifies itself with the assertion that the American values worth preserving are often best sustained by subterfuge and deception. Deep State, written by two of the country's most respected national security journalists, disassembles the secrecy apparatus of the United States and examines real-world trends that ought to trouble everyone from the most aggressive hawk to the fiercest civil libertarian. The book: - Provides the fullest account to date of the National Security Agency’s controversial surveillance program first spun up in the dark days after 9/11. - Examines President Obama's attempt to reconcile his instincts as a liberal with the realities of executive power, and his use of the state secrets doctrine. - Exposes how the public’s ubiquitous access to information has been the secrecy industry's toughest opponent to date, and provides a full account of how WikiLeaks and other “sunlight” organizations are changing the government's approach to handling sensitive information, for better and worse. - Explains how the increased exposure of secrets affects everything from Congressional budgets to Area 51, from SEAL Team Six and Delta Force to the FBI, CIA, and NSA. - Assesses whether the formal and informal mechanisms put in place to protect citizens from abuses by the American deep state work, and how they might be reformed.
Download or read book War Powers written by Mariah Zeisberg and published by Princeton University Press. This book was released on 2015-09-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Armed interventions in Libya, Haiti, Iraq, Vietnam, and Korea challenged the US president and Congress with a core question of constitutional interpretation: does the president, or Congress, have constitutional authority to take the country to war? War Powers argues that the Constitution doesn't offer a single legal answer to that question. But its structure and values indicate a vision of a well-functioning constitutional politics, one that enables the branches of government themselves to generate good answers to this question for the circumstances of their own times. Mariah Zeisberg shows that what matters is not that the branches enact the same constitutional settlement for all conditions, but instead how well they bring their distinctive governing capacities to bear on their interpretive work in context. Because the branches legitimately approach constitutional questions in different ways, interpretive conflicts between them can sometimes indicate a successful rather than deficient interpretive politics. Zeisberg argues for a set of distinctive constitutional standards for evaluating the branches and their relationship to one another, and she demonstrates how observers and officials can use those standards to evaluate the branches' constitutional politics. With cases ranging from the Mexican War and World War II to the Cold War, Cuban Missile Crisis, and Iran-Contra scandal, War Powers reinterprets central controversies of war powers scholarship and advances a new way of evaluating the constitutional behavior of officials outside of the judiciary.
Download or read book The Paranoid Style in American Politics written by Richard Hofstadter and published by Vintage. This book was released on 2008-06-10 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely reissue of Richard Hofstadter's classic work on the fringe groups that influence American electoral politics offers an invaluable perspective on contemporary domestic affairs.In The Paranoid Style in American Politics, acclaimed historian Richard Hofstadter examines the competing forces in American political discourse and how fringe groups can influence — and derail — the larger agendas of a political party. He investigates the politics of the irrational, shedding light on how the behavior of individuals can seem out of proportion with actual political issues, and how such behavior impacts larger groups. With such other classic essays as “Free Silver and the Mind of 'Coin' Harvey” and “What Happened to the Antitrust Movement?, ” The Paranoid Style in American Politics remains both a seminal text of political history and a vital analysis of the ways in which political groups function in the United States.
