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Book The National Security Constitution in the Twenty First Century

Download or read book The National Security Constitution in the Twenty First Century written by Harold Hongju Koh and published by Yale University Press. This book was released on 2024-06-25 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: A deeply researched, fully updated edition of The National Security Constitution that explores the growing imbalance of institutional powers in American foreign affairs and national security policy Since the beginning of the American Republic, a package of norms has evolved in the U.S. Constitution to protect the operation of checks and balances in national security policy. This “National Security Constitution” promotes shared powers and balanced institutional participation in foreign policymaking. Today it is under attack from a competing claim of executive unilateralism generated by recurrent patterns of presidential activism, congressional passivity, and judicial tolerance. This dynamic has pushed presidents of both parties to press the limits of law in foreign affairs. In his award-winning National Security Constitution (1990), Harold Hongju Koh traced the evolution of this constitutional struggle across America’s history. This new book, based on the earlier volume but with roughly 70 percent new material, brings the story to the present, placing recent events into constitutional perspective. Reviewing the presidencies of the twenty-first century, he explains why modern national security threats have given presidents of both parties incentives to monopolize foreign policy decision-making, Congress incentives to defer, and the courts reasons to rubber-stamp. Koh suggests both a workable strategy and crucial prescriptions to restore the balance of our constitutional order in addressing modern global crises.

Book The National Security Constitution

Download or read book The National Security Constitution written by Harold Hongju Koh and published by Yale University Press. This book was released on 1990-01-01 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the Iran-Contra affair and its implications.

Book Terrorism and the Constitution

Download or read book Terrorism and the Constitution written by David Cole and published by ReadHowYouWant.com. This book was released on 2010-09 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tracing the history of government intrusions on Constitutional rights in response to threats from abroad, Cole and Dempsey warn that a society in which civil liberties are sacrificed in the name of national security is in fact less secure than one in which they are upheld. A new chapter includes a discussion of domestic spying, preventive detention, the many court challenges to post-9/11 abuses, implementation of the PATRIOT ACT, and efforts to reestablish the checks and balances left behind in the rush to strengthen governmental powers.

Book The National Security Constitution in the Twenty First Century

Download or read book The National Security Constitution in the Twenty First Century written by Harold Hongju Koh and published by Yale University Press. This book was released on 2024-06-25 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: A deeply researched, fully updated edition of The National Security Constitution that explores the growing imbalance of institutional powers in American foreign affairs and national security policy Since the beginning of the American Republic, a package of norms has evolved in the U.S. Constitution to protect the operation of checks and balances in national security policy. This "National Security Constitution" promotes shared powers and balanced institutional participation in foreign policymaking. Today it is under attack from a competing claim of executive unilateralism generated by recurrent patterns of presidential activism, congressional passivity, and judicial tolerance. This dynamic has pushed presidents of both parties to press the limits of law in foreign affairs. In his award-winning National Security Constitution (1990), Harold Hongju Koh traced the evolution of this constitutional struggle across America's history. This new book, based on the earlier volume but with roughly 70 percent new material, brings the story to the present, placing recent events into constitutional perspective. Reviewing the presidencies of the twenty-first century, he explains why modern national security threats have given presidents of both parties incentives to monopolize foreign policy decision-making, Congress incentives to defer, and the courts reasons to rubber-stamp. Koh suggests both a workable strategy and crucial prescriptions to restore the balance of our constitutional order in addressing modern global crises.

Book Long Wars and the Constitution

Download or read book Long Wars and the Constitution written by Stephen M. Griffin and published by Harvard University Press. This book was released on 2013-06-01 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Extension of presidential leadership in foreign affairs to war powers has destabilized our constitutional order and deranged our foreign policy. Stephen M. Griffin shows unexpected connections between the imperial presidency and constitutional crises, and argues for accountability by restoring Congress to a meaningful role in decisions for war.

Book National Security and Double Government

Download or read book National Security and Double Government written by Michael J. Glennon and published by Oxford University Press, USA. This book was released on 2015 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why has U.S. national security policy scarcely changed from the Bush to the Obama administration? And why does it matter? The theory of 'double government' posed by the 19th century English scholar Walter Bagehot suggests a disquieting answer. The public is encouraged to believe that the presidency, Congress, and the courts make security policy. That belief sustains these institutions' legitimacy. Yet their authority is largely illusory. National security policy is made, instead, by a 'Trumanite network' of several hundred members that is largely concealed from public view.

Book Terror and Consent

Download or read book Terror and Consent written by Philip Bobbitt and published by Penguin UK. This book was released on 2013-04-04 with total page 1019 pages. Available in PDF, EPUB and Kindle. Book excerpt: The wars against terror have begun, but it will take some time before the nature and composition of these wars is widely understood. The objective of these wars is not the conquest of territory, or the silencing of any particular ideology, but rather to secure the necessary environment for states to operate according to principles of consent and make it impossible for our enemies to impose or induce states of terror. Terror and Consent argues that, like so many states and civilizations in the past that suffered defeat, we are fighting the last war, with weapons and concepts that were useful to us then but have now been superseded. Philip Bobbitt argues that we need to reforge links that previous societies have made between law and strategy; to realize how the evolution of modern states has now produced a globally networked terrorism that will change as fast as we can identify it; to combine humanitarian interests with strategies of intervention; and, above all, to rethink what 'victory' in such a war, if it is a war, might look like - no occupied capitals, no treaties, no victory parades, but the preservation, protection and defence of states of consent. This is one of the most challenging and wide-ranging books of any kind about our modern world.

Book Congress and the Politics of National Security

Download or read book Congress and the Politics of National Security written by David P. Auerswald and published by Cambridge University Press. This book was released on 2012 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an increasingly complex and unpredictable world, a growing number of observers and practitioners have called for a reexamination of our national security system. Central to any such reform effort is an evaluation of Congress. Is Congress adequately organized to deal with national security issues in an integrated and coordinated manner? How have developments in Congress over the past few decades, such as heightened partisanship, message politics, party-committee relationships, and bicameral relations, affected topical security issues? This volume examines variation in the ways Congress has engaged federal agencies overseeing our nation's national security as well as various domestic political determinants of security policy.

Book We the People

    Book Details:
  • Author : Erwin Chemerinsky
  • Publisher : Picador
  • Release : 2018-11-13
  • ISBN : 1250166004
  • Pages : 319 pages

Download or read book We the People written by Erwin Chemerinsky and published by Picador. This book was released on 2018-11-13 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: A primer on recognizing the power and promise of the Preamble and the Constitution during this conservative assault on our founding text “Over the course of American history, there have been great gains in individual freedom and enormous advances in equality for racial minorities, women, and gays and lesbians, though obviously much remains to be done. Now we are at a moment with a president who is not committed to these values and face the reality of a Supreme Court that will likely be more hostile to them for the foreseeable future.” --From the Preface Worried about what a super conservative majority on the Supreme Court means for the future of civil liberties? From gun control to reproductive health, a conservative court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the U.S. Constitution that protects the rights of all people is now. University of California Berkeley Dean and respected legal scholar Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights. But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court’s most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights—but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble—liberty and justice for all—and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality. Includes the Complete Constitution and Amendments of the United States of America

Book A National Security Strategy for a New Century

Download or read book A National Security Strategy for a New Century written by and published by . This book was released on 1999 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book American National Security

Download or read book American National Security written by Amos A. Jordan and published by . This book was released on 1984 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The NSA Report

    Book Details:
  • Author : President's Review Group on Intelligence and Communications Technologies, The
  • Publisher : Princeton University Press
  • Release : 2014-03-31
  • ISBN : 1400851270
  • Pages : 287 pages

Download or read book The NSA Report written by President's Review Group on Intelligence and Communications Technologies, The and published by Princeton University Press. This book was released on 2014-03-31 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.

Book Making Strategy

Download or read book Making Strategy written by Dennis M. Drew and published by . This book was released on 2002-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: National secuirty strategy is a vast subject involving a daunting array of interrelated subelements woven in intricate, sometimes vague, and ever-changing patterns. Its processes are often irregular and confusing and are always based on difficult decisions laden with serious risks. In short, it is a subject understood by few and confusing to most. It is, at the same time, a subject of overwhelming importance to the fate of the United States and civilization itself. Col. Dennis M. Drew and Dr. Donald M. Snow have done a considerable service by drawing together many of the diverse threads of national security strategy into a coherent whole. They consider political and military strategy elements as part of a larger decisionmaking process influenced by economic, technological, cultural, and historical factors. I know of no other recent volume that addresses the entire national security milieu in such a logical manner and yet also manages to address current concerns so thoroughly. It is equally remarkable that they have addressed so many contentious problems in such an evenhanded manner. Although the title suggests that this is an introductory volume - and it is - I am convinced that experienced practitioners in the field of national security strategy would benefit greatly from a close examination of this excellent book. Sidney J. Wise Colonel, United States Air Force Commander, Center for Aerospace Doctrine, Research and Education

Book American National Security and Civil Liberties in an Era of Terrorism

Download or read book American National Security and Civil Liberties in an Era of Terrorism written by D. Cohen and published by Springer. This book was released on 2004-04-16 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of the ongoing war against terrorism, can the United States maintain its dedication to protecting civil liberties without compromising security? At stake is nothing less than the survival of ideas associated with the modern period of political philosophy: the freedom of conscience, the inviolable rights of the individual to privacy, the constitutionally limited state, as well as the more recent refinement of late modern liberalism, multiculturalism. Contributors evaluate the need to reassess the nation's public policies, institutions, as well as its very identity. The struggle to persist as an open society in the age of terrorism will be the defining test of democracy in the Twenty-first-century.

Book Constitution 3 0

    Book Details:
  • Author : Jeffrey Rosen
  • Publisher : Rowman & Littlefield
  • Release : 2011-11-11
  • ISBN : 0815722133
  • Pages : 284 pages

Download or read book Constitution 3 0 written by Jeffrey Rosen and published by Rowman & Littlefield. This book was released on 2011-11-11 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the beginning of the twenty-first century, breathtaking changes in technology are posing stark challenges to our constitutional values. From free speech to privacy, from liberty and personal autonomy to the right against self-incrimination, basic constitutional principles are under stress from technological advances unimaginable even a few decades ago, let alone during the founding era. In this provocative collection, America's leading scholars of technology, law, and ethics imagine how to translate and preserve constitutional and legal values at a time of dizzying technological change. Constitution 3.0 explores some of the most urgent constitutional questions of the near future. Will privacy become obsolete, for example, in a world where ubiquitous surveillance is becoming the norm? Imagine that Facebook and Google post live feeds from public and private surveillance cameras, allowing 24/7 tracking of any citizen in the world. How can we protect free speech now that Facebook and Google have more power than any king, president, or Supreme Court justice to decide who can speak and who can be heard? How will advanced brain-scan technology affect the constitutional right against self-incrimination? And on a more elemental level, should people have the right to manipulate their genes and design their own babies? Should we be allowed to patent new forms of life that seem virtually human? The constitutional challenges posed by technological progress are wide-ranging, with potential impacts on nearly every aspect of life in America and around the world. The authors include Jamie Boyle, Duke Law School; Eric Cohen and Robert George, Princeton University; Jack Goldsmith, Harvard Law School; Orin Kerr, George Washington University Law School; Lawrence Lessig, Harvard Law School; Stephen Morse, University of Pennsylvania Law School; John Robertson, University of Texas Law School; Christopher Slobogin, Vanderbilt Law School; O. Carter Snead, Notre

Book Power Without Responsibility

Download or read book Power Without Responsibility written by David Schoenbrod and published by Yale University Press. This book was released on 2008-10-01 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that Congress's process for making law is as corrosive to the nation as unchecked deficit spending. David Schoenbrod shows that Congress and the president, instead of making the laws that govern us, generally give bureaucrats the power to make laws through agency regulations. Our elected "lawmakers" then take credit for proclaiming popular but inconsistent statutory goals and later blame the inevitable burdens and disappointments on the unelected bureaucrats. The 1970 Clean Air Act, for example, gave the Environmental Protection Agency the impossible task of making law that would satisfy both industry and environmentalists. Delegation allows Congress and the president to wield power by pressuring agency lawmakers in private, but shed responsibility by avoiding the need to personally support or oppose the laws, as they must in enacting laws themselves. Schoenbrod draws on his experience as an attorney with the Natural Resources Defense Council and on studies of how delegation actually works to show that this practice produces a regulatory system so cumbersome that it cannot provide the protection that people need, so large that it needlessly stifles the economy, and so complex that it keeps the voters from knowing whom to hold accountable for the consequences. Contending that delegation is unnecessary and unconstitutional, Schoenbrod has written the first book that shows how, as a practical matter, delegation can be stopped.

Book Constitutionalism in Asia in the Early Twenty First Century

Download or read book Constitutionalism in Asia in the Early Twenty First Century written by Hongyi Chen and published by Cambridge University Press. This book was released on 2014-04-17 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: A systematic and up-to-date account of constitutional developments in sixteen Asian countries, including analysis from a comparative perspective.