Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War write by Arthur H. Garrison. This book was released on 2011-04-16. Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War available in PDF, EPUB and Kindle. This book will provide the reader with a chronological review of the Supreme Court jurisprudence on the Commander-in-Chief power of the President and how the Court developed and enforced the boundaries around the height, depth, and width of that power over the past two centuries.
Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War
Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War write by Arthur H. Garrison. This book was released on 2011-05-13. Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War available in PDF, EPUB and Kindle. From the foundation of the American Republic, presidents have had to deal with both internal and external national security threats. From President Washington and his policy of neutrality during the wars between Great Britain and France in the eighteenth century, to President Lincoln and the war to save the union, to President Wilson during the war to end all wars, to President Roosevelt and war of the Greatest Generation, to President Truman and his steel during the forgotten war, and most recently to President Bush and the War on Terror, presidents have had to use their power as commander-in-chief to meet the challenges of national crisis and war. The judiciary, specifically the Supreme Court, has also played an integral part in the historical development and defining of the commander-in-chief power in times of war and national crisis from the earliest days of the republic. How these powers have grown is a consequence of how the presidents have viewed the office of the presidency and how the judiciary has interpreted the commander-in-chief and executive power clauses of the U.S. Constitution over time. Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War provides a chronological review of the major national security and war events in American history. Garrison reviews the great debates between Hamilton and Madison and Chief Justice Roger Taney and Attorney General Edward Bates on presidential executive power and how subsequent presidents have adopted the Hamiltonian view of the presidency. He also examines how Article III courts, specifically the Supreme Court, have defined, expanded, and established boundaries on the commander-in-chief power. With this historical backdrop, Garrison reveals how, for over two centuries, the judiciary has defended the rule of law and maintained the principle that under the U.S. Constitution neither the guns of war nor threats to safety have silenced the rule of law.
From the American Civil War to the War on Terror
From the American Civil War to the War on Terror - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook From the American Civil War to the War on Terror write by Emily Hartz. This book was released on 2015-01-29. From the American Civil War to the War on Terror available in PDF, EPUB and Kindle. This book offers a systematic and comprehensive account of the key cases that have come to shape the jurisprudence on emergency law in the United States from the Civil War to the War on Terror. The legal questions raised in these cases concern fundamental constitutional issues such as the status of fundamental rights, the role of the court in times of war, and the question of how to interpret constitutional limitations to executive power. At stake in these difficult legal questions is the issue of how to conceive of the very status of law in liberal democratic states. The questions with which the Supreme Court justices have to grapple in these cases are therefore as philosophical as they are legal. In this book the Court's arguments are systematized according to categories informed by constitutional law as well as classic philosophical discussions of the problem of emergency. On this basis, the book singles out three legal paradigms for interpreting the problem of emergency: the rights model, the extra-legal model and the procedural model. This systematic approach helps the reader develop a philosophical and legal overview of central issues in the jurisprudence on emergency.
Restoring the Global Judiciary
Restoring the Global Judiciary - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Restoring the Global Judiciary write by Martin S. Flaherty. This book was released on 2019-09-03. Restoring the Global Judiciary available in PDF, EPUB and Kindle. Why there should be a larger role for the judiciary in American foreign relations In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.
Supreme Court Expansion of Presidential Power
Supreme Court Expansion of Presidential Power - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Supreme Court Expansion of Presidential Power write by Louis Fisher. This book was released on 2017-07-14. Supreme Court Expansion of Presidential Power available in PDF, EPUB and Kindle. In the fourth of the Federalist Papers, published in 1787, John Jay warned of absolute monarchs who "will often make war when their nations are to get nothing by it." More than two centuries later, are single executives making unilateral decisions any more trustworthy? And have the checks on executive power, so critical in the Founders' drafting of the Constitution, held? These are the questions Louis Fisher pursues in this book. By examining the executive actions of American presidents, particularly after World War II, Fisher reveals how the Supreme Court, through errors and abdications, has expanded presidential power in external affairs beyond constitutional boundaries—and damaged the nation's system of checks and balances. Supreme Court Expansion of Presidential Power reviews the judicial record from 1789 to the present day to show how the balance of power has shifted over time. For nearly a century and a half, the Supreme Court did not indicate a preference for which of the two elected branches should dominate in the field of external affairs. But from the mid-thirties a pattern clearly emerges, with the Court regularly supporting independent presidential power in times of "emergency," or issues linked to national security. The damage this has done to democracy and constitutional government is profound, Fisher argues. His evidence extends beyond external affairs to issues of domestic policy, such as impoundment of funds, legislative vetoes, item-veto authority, presidential immunity in the Paula Jones case, recess appointments, and the Obama administration's immigration initiatives. Fisher identifies contemporary biases that have led to an increase in presidential power—including Supreme Court misconceptions and errors, academic failings, and mistaken beliefs about "inherent powers" and "unity of office." Calling to account the forces tasked with protecting our democracy from the undue exercise of power by any single executive, his deeply informed book sounds a compelling alarm.
