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 Presidents Secrets written by Mary Graham and published by Yale University Press. This book was released on 2017-01-01 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since the nation's most important secret meeting--the Constitutional Convention--presidents have struggled to balance open, accountable government with necessary secrecy in military affairs and negotiations. For the first one hundred and twenty years, a culture of open government persisted, but new threats and technology have long since shattered the old bargains. Today, presidents neither protect vital information nor provide the open debate Americans expect.
Download or read book The President s Book of Secrets written by David Priess and published by PublicAffairs. This book was released on 2016-03-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every president has had a unique and complicated relationship with the intelligence community. While some have been coolly distant, even adversarial, others have found their intelligence agencies to be among the most valuable instruments of policy and power. Since John F. Kennedy's presidency, this relationship has been distilled into a personalized daily report: a short summary of what the intelligence apparatus considers the most crucial information for the president to know that day about global threats and opportunities. This top-secret document is known as the President's Daily Brief, or, within national security circles, simply "the Book." Presidents have spent anywhere from a few moments (Richard Nixon) to a healthy part of their day (George W. Bush) consumed by its contents; some (Bill Clinton and George H. W. Bush) consider it far and away the most important document they saw on a regular basis while commander in chief. The details of most PDBs are highly classified, and will remain so for many years. But the process by which the intelligence community develops and presents the Book is a fascinating look into the operation of power at the highest levels. David Priess, a former intelligence officer and daily briefer, has interviewed every living president and vice president as well as more than one hundred others intimately involved with the production and delivery of the president's book of secrets. He offers an unprecedented window into the decision making of every president from Kennedy to Obama, with many character-rich stories revealed here for the first time.
Download or read book The Law of the Executive Branch written by Louis Fisher and published by . This book was released on 2014 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the Executive Branch: Presidential Power places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. Each provision of the US Constitution is analyzed to reveal its contemporary meaning and in concert with the application of presidential power.
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 The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Download or read book Comparative Constitutional Law written by Tom Ginsburg and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Download or read book Power Wars written by Charlie Savage and published by Little, Brown. This book was released on 2015-11-03 with total page 1067 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pulitzer Prize-winning journalist Charlie Savage's penetrating investigation of the Obama presidency and the national security state. Barack Obama campaigned on changing George W. Bush's "global war on terror" but ended up entrenching extraordinary executive powers, from warrantless surveillance and indefinite detention to military commissions and targeted killings. Then Obama found himself bequeathing those authorities to Donald Trump. How did the United States get here? In Power Wars, Charlie Savage reveals high-level national security legal and policy deliberations in a way no one has done before. He tells inside stories of how Obama came to order the drone killing of an American citizen, preside over an unprecendented crackdown on leaks, and keep a then-secret program that logged every American's phone calls. Encompassing the first comprehensive history of NSA surveillance over the past forty years as well as new information about the Osama bin Laden raid, Power Wars equips readers to understand the legacy of Bush's and Obama's post-9/11 presidencies in the Trump era.
Download or read book Presidential Secrecy and the Law written by Robert M. Pallitto and published by JHU Press. This book was released on 2007-05 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Download or read book The Constitution Under Siege written by Christopher H. Pyle and published by . This book was released on 2010 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution Under Siege is a provocative teaching instrument that uses law, history, and politics to test what the law arguably "is" against assertions of what it "ought" to be. It examines the questionable impulses of presidents, members of Congress, the military, and intelligence agencies to bend or break the Constitution and the laws. In questioning the legitimacy of raw assertions of unaccountable power, the editors reject both the illustrative case approach of political scientists and precedent-driven approach of lawyers, supplementing key court cases with historically-rich essays, notes, and questions. These essays explain where our nation's "first principles" came from, and why they became imbedded, at least until recently, in our laws and institutions. Above all, these materials will prompt the reader to ask how, and by what authority, presidents, Congress, and even courts have come to allow the military and secret agencies to kidnap, torture, assassinate, or secretly detain citizens or aliens, and to use military and para-military force without running afoul of the Constitution and its Bill of Rights. "This superb book, written by two of the nation's most acute analysts of law and politics, provides readers with materials indispensable to an understanding of the many dubious assertions of governmental power, by both presidents and Congress, that have rocked the foundations of our republic. ... It is must reading for all those concerned about the future of constitutional government." -- David Gray Adler, James McClure Professor of Public Policy at the University of Idaho "The Constitution Under Siege offers unparalleled insights arising from the authors' singular mastery of documents, events, and law. From the Barbary pirates to Islamic terrorism, no single source more definitively instructs the reader as it interweaves American law and policy abroad. This is an indispensable book." -- Robert J. Spitzer, Distinguished Service Professor, SUNY, Cortland
Download or read book Protecting the President written by Dan Bongino and published by Post Hill Press. This book was released on 2021-01-12 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Being a Secret Service agent is one of the most treacherous jobs in the world and never more so than in today’s highly polarized America. Facing threats from fence jumpers and manifesto writers, and from fanatical terrorists and sophisticated spies, protecting the president is harder than ever. In an age of hyper-partisan politics, emotions are high and crazies are a dime a dozen. On top of that, with international tensions reaching a boiling point, it’s harder than ever to determine friend from foe. Yet the President of the United States is in very real danger if the Secret Service doesn’t change course soon and evolve with the rapidly changing threat environment. Highly motivated “bad guys” are already working on technologically advanced methodologies and are constantly striving to formulate the logistics of an attack on the White House. Eventually terrorist planners will find a way to acquire the technology, weapons, explosives, and know-how to make an attempt on the life of the President. The only question is “What are we going to do about it?” Protecting the President provides not only a rare insider glimpse of what the Secret Service does, but explores the challenges facing the agents today. Chock-full of relevant stories of protecting past presidents, veteran agent Dan Bongino explains how the agency can best protect the president today. This book covers how the Secret Service should • plan for a tactical assault by a terrorist attack team • prepare to respond to a severe medical emergency • train to handle a chemical or biological weapon attack • prepare for an attack using explosives • plan for 9-11 style attacks from the air and fire threats • and much more
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 Power and Constraint The Accountable Presidency After 9 11 written by Jack Goldsmith and published by W. W. Norton & Company. This book was released on 2012-03-12 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Contested Ground written by Dan A. Farber and published by Univ of California Press. This book was released on 2021-10-19 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Presidential power is hotly disputed these days - as it has been many times in recent decades. Yet the same rules must apply to all presidents, those whose abuses of power we fear as well as those whose exercises of power we applaud. This book is about what constitutional law tells us about presidential power and its limits. It is very difficult to strike the right balance between limiting abuse of power and authorizing its exercise when needed. This book advocates a balanced, pragmatic approach to these issues, rooted in history and Supreme Court rulings"--
Download or read book Executive Privilege written by Raoul Berger and published by Cambridge, Mass. : Harvard University Press. This book was released on 1974 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrates that the presidential claim of authority to withhold information is without historical or constitutional foundation.
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 Power Without Constraint written by Chris Edelson and published by University of Wisconsin Pres. This book was released on 2016-05-11 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?
