Presidential Power and Congressional Acquiescence in the "War" on Terrorism

Presidential Power and Congressional Acquiescence in the
Author: Sarah Wenzel
Publisher: GRIN Verlag
Total Pages: 9
Release: 2019-06-17
Genre: Political Science
ISBN: 3668958947

Seminar paper from the year 2012 in the subject Politics - International Politics - Region: USA, grade: 1,3, University of Würzburg (Institut für Politikwissenschaft und Sozialforschung), course: American Government, language: English, abstract: In his article “Presidential Power and Congressional Acquiescence in the ‘War’ on Terrorism: A New Constitutional Equilibrium?” John E. Owens of the University of Westminster suggests the existence of a new constitutional equilibrium between the President and Congress in America. He builds his thesis on Burnham’s punctuated equilibrium theory and analyzes Bush’s policy and his war on terrorism. In this essay I will explain the main thesis of the punctuated equilibrium theory at first, to build on that basis the critical analysis whether the system of Checks and Balances in the United States is or has been out of work and whether we can truly speak of a change of system. This will be checked by analysing the constitution, the role of the Congress and the presidency of George W. Bush. In a second part of this essay I will take up the punctuated equilibrium theory again and explain that the equilibrium of the American system has been punctuated but it was not pushed on a new level, but levelled off again on the old equilibrium and re-established the system of Checks and Balances.

Unchecked And Unbalanced

Unchecked And Unbalanced
Author: Schwarz O.
Publisher: The New Press
Total Pages: 300
Release: 2011-05-10
Genre: Political Science
ISBN: 1595587454

Thirty years after the Church Committee unearthed COINTELPRO and other instances of illicit executive behavior on the domestic and international fronts, the Bush administration has elevated the flaws identified by the committee into first principles of government. Through a constellation of non-public laws and opaque, unaccountable institutions, the current administration has created a “secret presidency” run by classified presidential decisions and orders about national security. A hyperactive Office of Legal Counsel in the Department of Justice is intent on eliminating checks on presidential power and testing that power's limits. Decisions are routinely executed at senior levels within the civilian administration without input from Congress or the federal courts, let alone our international allies. Secret NSA spying at home is the most recent of these. Harsh treatment of detainees, “extraordinary renditions,” secret foreign prisons, and the newly minted enemy combatant designation have also undermined our values. The resulting policies have harmed counterterrorism efforts and produced few tangible results. With a partisan Congress predictably reluctant to censure a politically aligned president, it is all the more important for citizens themselves to demand disclosure, oversight, and restraint of sweeping claims of executive power. This book is the first step.

The Case for Congress

The Case for Congress
Author: Victor M. Hansen
Publisher: Routledge
Total Pages: 228
Release: 2016-12-05
Genre: Law
ISBN: 1351893386

The Case for Congress: Separation of Powers and the War on Terror examines the constitutional relationship between Congress and the President in the post-September 11 world, arguing that Congress should exercise its legitimate authority in guiding United States policy. While many commentators have focused on the extent of the President's national security and foreign affairs authority, both domestically and abroad, this title focuses on the constitutional authority of Congress to serve as a check on executive power. As a national consensus has developed around the notion that the Bush administration made grave errors in its policy decisions, a reminder of the leading role that Congress can play in those decisions is particularly appropriate. Unlike scholarly work devoted either to detailing or criticizing the Bush administration's policy decisions, this accessible and balanced book focuses on the policies themselves, and on the way in which Congress can influence those policies for the better. The authors further offer specific and useful recommendations for legislative measures that may correct existing policy deficiencies and promote sounder decision-making in the area of national security and foreign affairs.

Presidential War Power

Presidential War Power
Author: Louis Fisher
Publisher:
Total Pages: 344
Release: 2004
Genre: Law
ISBN:

For this new edition, Louis Fisher has updated his arguments to include critiques of the Clinton & Bush presidencies, particularly the Use of Force Act, the Iraq Resolution of 2002, the 'preemption doctrine' of the current U.S. administration, & the order authorizing military tribunals.

Because it is Wrong

Because it is Wrong
Author: Charles Fried
Publisher: W. W. Norton & Company
Total Pages: 225
Release: 2010
Genre: Terrorism
ISBN: 0393069516

Long Wars and the Constitution

Long Wars and the Constitution
Author: Stephen M. Griffin
Publisher: Harvard University Press
Total Pages: 451
Release: 2013-06-10
Genre: Political Science
ISBN: 0674074475

In a wide-ranging constitutional history of presidential war decisions from 1945 to the present, Stephen M. Griffin rethinks the long-running debate over the “imperial presidency” and concludes that the eighteenth-century Constitution is inadequate to the challenges of a post-9/11 world. The Constitution requires the consent of Congress before the United States can go to war. Truman’s decision to fight in Korea without gaining that consent was unconstitutional, says Griffin, but the acquiescence of Congress and the American people created a precedent for presidents to claim autonomy in this arena ever since. The unthinking extension of presidential leadership in foreign affairs to a point where presidents unilaterally decide when to go to war, Griffin argues, has destabilized our constitutional order and deranged our foreign policy. Long Wars and the Constitution demonstrates the unexpected connections between presidential war power and the constitutional crises that have plagued American politics. Contemporary presidents are caught in a dilemma. On the one hand are the responsibilities handed over to them by a dangerous world, and on the other is an incapacity for sound decisionmaking in the absence of interbranch deliberation. President Obama’s continuation of many Bush administration policies in the long war against terrorism is only the latest in a chain of difficulties resulting from the imbalances introduced by the post-1945 constitutional order. Griffin argues for beginning a cycle of accountability in which Congress would play a meaningful role in decisions for war, while recognizing the realities of twenty-first century diplomacy.

Before the Next Attack

Before the Next Attack
Author: Bruce A. Ackerman
Publisher: Yale University Press
Total Pages: 237
Release: 2006-01-01
Genre: Political Science
ISBN: 0300127030

Also includes information on aftermath of terrorist attack, Al Qaeda, George W. Bush, civil liberties, U.S. Congress, U.S. Constitution, courts, detainees, detention, due process, emergency constitution, emergency powers, emergency regime, existential crisis, extraordinary powers, Founding Fathers, framework statutes, freedom, habeas corpus writ, Iraq war, Abraham Lincoln, Jose Padilla, panic reaction, precedents of presidential powers, presidency, president, Franklin D. Roosevelt, rule of law, second strike, Second World War, secrecy, seizure, September 11, 2001, state of emergency, supermajoritarian escalator, terrorist attack, torture, United Kingdom, etc.

The War on Terror and the Growth of Executive Power?

The War on Terror and the Growth of Executive Power?
Author: John E. Owens
Publisher: Routledge
Total Pages: 358
Release: 2010-06-21
Genre: Political Science
ISBN: 113695693X

The 9/11 attacks on New York and Washington prompted a "global war on terror" that led to a significant shift in the balance of executive-legislative power in the United States towards the executive at the expense of the Congress. In this volume, seasoned scholars examine the extent to which terrorist threats and counter-terrorism policies led uniformly to the growth of executive or Government power at the expense of legislatures and parliaments in other political systems, including those of Australia, Britain, Canada, Indonesia, Israel, Italy, and Russia. The contributors question whether the "crises" created by 9/11 and subsequent attacks, led inexorably to executive strengthening at the expense of legislatures and parliaments. The research reported finds that democratic forces served to mitigate changes to the balance of legislative and executive power to varying degrees in different political systems. This book will be of interest to students and researchers of Comparative Government Politics and International Politics.