Emergency Presidential Power: From the Drafting of the Constitution to the War on Terror - Hardcover

Edelson, Chris

Hardcover

ISBN 10: 0299295303 ISBN 13: 9780299295301

Publisher: University of Wisconsin Press, 2013

Synopsis

Can a U.S. president decide to hold suspected terrorists indefinitely without charges or secretly monitor telephone conversations and e-mails without a warrant in the interest of national security? Was the George W. Bush administration justified in authorizing waterboarding? Was President Obama justified in ordering the killing, without trial or hearing, of a U.S. citizen suspected of terrorist activity? Defining the scope and limits of emergency presidential power might seem easy&;just turn to Article II of the Constitution. But as Chris Edelson shows, the reality is complicated. In times of crisis, presidents have frequently staked out claims to broad national security power. Ultimately it is up to the Congress, the courts, and the people to decide whether presidents are acting appropriately or have gone too far.

            Drawing on excerpts from the U.S. Constitution, Supreme Court opinions, Department of Justice memos, and other primary documents, Edelson weighs the various arguments that presidents have used to justify the expansive use of executive power in times of crisis. Emergency Presidential Power uses the historical record to evaluate and analyze presidential actions before and after the terrorist attacks of September 11, 2001. The choices of the twenty-first century, Edelson concludes, have pushed the boundaries of emergency presidential power in ways that may provide dangerous precedents for current and future commanders-in-chief.

Winner, Crader Family Book Prize in American Values, Department of History and Crader Family Endowment for American Values, Southeast Missouri State University

About this title

About the Author

Chris Edelson is assistant professor of government at American University's School of Public Affairs. He practiced law in the District of Columbia and New York and served as state legislative director for the Human Rights Campaign in Washington, D.C.

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“Crisp writing and solid analysis. Edelson covers military tribunals, detention, the unitary executive theory, warrantless surveillance, torture, and the state secrets privilege, concluding with President Obama's military intervention in Libya. He explains how claims for inherent and unchecked executive power endanger individual rights and constitutional liberties.”—from the foreword by Louis Fisher

Edition details

• Publisher: University of Wisconsin Press
• Publication date: 2013
• Language: English
• ISBN 10: 0299295303
• ISBN 13: 9780299295301
• Binding: Hardcover
• Edition number: 1
• Number of pages: 376