The War Power in an Age of Terrorism

The War Power in an Age of Terrorism
Author: Michael A. Genovese
Publisher: Springer
Total Pages: 132
Release: 2016-12-22
Genre: Political Science
ISBN: 1137579315

This book features a lively debate between two prominent scholars—Michael A. Genovese and David Gray Adler—on the critical issue of whether the Constitution, written in the 18th Century, remains adequate to the national security challenges of our time. The question of the scope of the president’s constitutional authority—if any—to initiate war on behalf of the American people, long the subject of heated debate in the corridors of power and the groves of academe, has become an issue of surpassing importance for a nation confronted by existential threats in an Age of Terrorism. This question should be thoroughly reviewed and debated by members of Congress, and considered by all Americans before they are asked to go to war. If the constitutional allocation of powers on matters of war and peace is outdated, what changes should be made? Is there a need to increase presidential power? What role should Congress play in the war on terror?

Restoring the Balance

Restoring the Balance
Author: Seth Weinberger
Publisher: Praeger
Total Pages: 0
Release: 2009-08-10
Genre: Political Science
ISBN: 0313360391

The United States' War on Terror lacks identifiable enemies and obvious front lines. It is fought on the battlefields of Iraq and Afghanistan by conventional military forces, in the deserts of Yemen and mountains of Pakistan by Special Operations forces, in the detention centers of Guantánamo Bay by lawyers, and on the domestic front by intelligence agencies. The tools used in this amorphous war have raised questions concerning the nature and scope of executive power, as well as about broader constitutional issues regarding the balance of presidential and legislative war powers. Given the distinctive and potentially endless nature of the War on Terror, it is vitally important to clarify and resolve these issues. Restoring the Balance: War Powers in an Age of Terror advances a theory of war powers that provides a framework for the effective and efficient conduct of the War on Terror. It argues that the constitutional grant of the power to declare war accorded Congress should be understood as the power to give the president extraordinary domestic legislative authority in order to defend the nation. In the absence of a declaration of war, then, Congress's legislative power provides a meaningful check on the ability of the president to alter domestic laws. Restoring the Balance challenges the conventional arguments on both sides of the debate over war powers, using constitutional theory, case law, and political precedent to provide a pragmatic, policy-based theory on the question of war powers in the age of international terror. Casting the "declare war" clause in a new light, it develops an original constitutional interpretation of the appropriate balance between presidential and congressional war powers. Author Seth Weinberger advances a novel understanding of the power to declare war, arguing that the president has broad inherent constitutional powers to deploy U.S. armed forces abroad without specific authorization from Congress. However, without such authorization the president is limited when taking actions that affect the legal status of persons within the United States itself. In short, Restoring the Balance demands that Congress recognize its constitutionally endowed responsibility and take a more substantial role in protecting domestic civil liberties and the fragile balance created by the Constitution.

Power to the People

Power to the People
Author: Audrey Kurth Cronin
Publisher: Oxford University Press
Total Pages: 441
Release: 2019-10-01
Genre: Political Science
ISBN: 0190882166

Essential reading on how technology empowers rogue actors and how society can adapt. Never have so many possessed the means to be so lethal. A dramatic shift from 20th century "closed" military innovation to "open" innovation driven by commercial processes is underway. The diffusion of modern technology--robotics, cyber weapons, 3-D printing, synthetic biology, autonomous systems, and artificial intelligence--to ordinary people has given them access to weapons of mass violence previously monopolized by the state. As Audrey Kurth Cronin explains in Power to the People, what we are seeing now is the continuation of an age-old trend. Over the centuries, from the invention of dynamite to the release of the AK-47, many of the most surprising developments in warfare have occurred because of technological advances combined with changes in who can use them. That shifting social context illuminates our current situation, in which new "open" technologies are reshaping the future of war. Cronin explains why certain lethal technologies spread, which ones to focus on, and how individuals and private groups will adapt lethal off-the-shelf technologies for malevolent ends. Now in paperback with a foreword by Lawrence Freedman and a new epilogue, Power to the People focuses on how to both preserve the promise of emerging technologies and reduce risks. Power is flowing to the people, but the same digital technologies that empower can imperil global security--unless we act strategically.

Presidential Prerogative

Presidential Prerogative
Author: Michael Genovese
Publisher: Stanford University Press
Total Pages: 217
Release: 2011
Genre: Biography & Autobiography
ISBN: 080476297X

In the aftermath of the tragic September 11, 2001 attacks against the United States, the Bush administration acted boldly and often unilaterally to thwart terrorism at home and abroad. At the time, the President's actions were legitimized by claims that the President had broad constitutional powers in the areas of war and foreign policy. These claims were bolstered in a series of the Justice Department's Office of Legal Counsel memos claiming that the President's actions in this area were "nonreviewable" by other branches. The subject of widespread debate and outrage, the legal rationales offered seemed to violate the concept of checks and balances built into the United States Constitution. This work examines the evolution of claims of independent executive power by exploring the roots and development of executive prerogative in America. The author traces the concept back to its British use and the theories that animated prerogative in England, as well as whether prerogative was "Americanized" by the founders. He further explores where one might find constitutional or legal support for prerogative, how the concept and practice of prerogative has evolved over time, the extent to which the Bush presidency mirrors or departs from previous examples of presidential prerogative, and finally, whether "necessity" is a legitimate reason to adopt prerogative. Balanced, well-written, and authored by one of the most highly regarded presidency scholars in the United States, this work is the first to deeply explore the roots and evolution of prerogative and its application in the age of terrorism. It is ideal for use in courses on the American presidency, presidential power, and constitutional law.

How Patriotic is the Patriot Act?

How Patriotic is the Patriot Act?
Author: Amitai Etzioni
Publisher: Routledge
Total Pages: 181
Release: 2005-06-29
Genre: Political Science
ISBN: 1135929963

In this short book, Etzioni, the well-known and respected public intellectual and communitarian thinker, charts a middle course, or third way 'between those who are committed to shore up our liberties but blind to the needs of public security, as well as those who never met a right they are not willing to curtail to give authorities an even freer hand.' This book will prove a useful guide for citizens looking for a thought provoking, well-reasoned and sober analysis of one of the hot button issues of our time.

The Strategy of Denial

The Strategy of Denial
Author: Elbridge A. Colby
Publisher: Yale University Press
Total Pages: 381
Release: 2021-09-14
Genre: Political Science
ISBN: 0300262647

Why and how America’s defense strategy must change in light of China’s power and ambition Elbridge A. Colby was the lead architect of the 2018 National Defense Strategy, the most significant revision of U.S. defense strategy in a generation. Here he lays out how America’s defense must change to address China’s growing power and ambition. Based firmly in the realist tradition but deeply engaged in current policy, this book offers a clear framework for what America’s goals in confronting China must be, how its military strategy must change, and how it must prioritize these goals over its lesser interests. The most informed and in-depth reappraisal of America’s defense strategy in decades, this book outlines a rigorous but practical approach, showing how the United States can prepare to win a war with China that we cannot afford to lose—precisely in order to deter that war from happening.

Not War, Not Peace?

Not War, Not Peace?
Author: George Perkovich
Publisher: Oxford University Press
Total Pages: 349
Release: 2016-08-04
Genre: Political Science
ISBN: 0199089701

The Mumbai blasts of 1993, the attack on the Indian Parliament in 2001, Mumbai 26/11—cross-border terrorism has continued unabated. What can India do to motivate Pakistan to do more to prevent such attacks? In the nuclear times that we live in, where a military counter-attack could escalate to destruction beyond imagination, overt warfare is clearly not an option. But since outright peace-making seems similarly infeasible, what combination of coercive pressure and bargaining could lead to peace? The authors provide, for the first time, a comprehensive assessment of the violent and non-violent options available to India for compelling Pakistan to take concrete steps towards curbing terrorism originating in its homeland. They draw on extensive interviews with senior Indian and Pakistani officials, in service and retired, to explore the challenges involved in compellence and to show how non-violent coercion combined with clarity on the economic, social and reputational costs of terrorism can better motivate Pakistan to pacify groups involved in cross-border terrorism. Not War, Not Peace? goes beyond the much discussed theories of nuclear deterrence and counterterrorism strategy to explore a new approach to resolving old conflicts.

Human Rights in the 'War on Terror'

Human Rights in the 'War on Terror'
Author: Richard Wilson
Publisher: Cambridge University Press
Total Pages: 376
Release: 2005-10-03
Genre: Law
ISBN: 9780521853194

This book reviews the war on terror since 9/11 from a human rights perspective.

Legislating the War on Terror

Legislating the War on Terror
Author: Benjamin Wittes
Publisher: Rowman & Littlefield
Total Pages: 435
Release: 2010-02-01
Genre: Political Science
ISBN: 0815704178

A Brookings Institution Press and the Hoover Institution and the Georgetown Center on National Security and the Law publication The events of September 11 and subsequent American actions irrevocably changed the political, military, and legal landscapes of U.S. national security. Predictably, many of the changes were controversial, and abuses were revealed. The United States needs a legal framework that reflects these new realities. Legislating the War on Terror presents an agenda for reforming the statutory law governing this new battle, balancing the need for security, the rule of law, and the constitutional rights that protect American freedom. The authors span a considerable swath of the political spectrum, but they all believe that Congress has a significant role to play in shaping the contours of America's confrontation with terrorism. Their essays are organized around the major tools that the United States has deployed against al Qaeda as well as the legal problems that have arisen as a result. • Mark Gitenstein compares U.S. and foreign legal standards for detention, interrogation, and surveillance. • Matthew Waxman studies possible strategic purposes for detaining people without charging them, while Jack Goldsmith imagines a system of judicially reviewed law-of-war detention. • Robert Chesney suggests ways to refine U.S. criminal law into a more powerful instrument against terrorism. • Robert Litt and Wells C. Bennett suggest the creation of a specialized bar of defense lawyers for trying accused terrorists in criminal courts. • David Martin explores the relationship between immigration law and counterterrorism. • David Kris lays out his proposals for modernizing the Foreign Intelligence Surveillance Act. • Justin Florence and Matthew Gerke outline possible reforms of civil justice procedures in national security litigation. • Benjamin Wittes and Stuart Taylor Jr. investigate ways to improve interrogation laws while clarifying the definition and limits of torture. • Kenneth Anderson argues for the protection of

Modern Warfare

Modern Warfare
Author: Roger Trinquier
Publisher: DIANE Publishing
Total Pages: 131
Release: 1964
Genre: France
ISBN: 142891689X