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Bush, los detenidos y la constitución: la batalla por el poder presidencial...-
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Características del artículo
- Estado
- ISBN
- 9780700615292
- EAN
- 9780700615292
- Book Title
- Bush, the Detainees, and the Constitution : the Battle over Presidential Power in the War on Terror
- Publisher
- University Press of Kansas
- Item Length
- 9.2 in
- Publication Year
- 2007
- Format
- Hardcover
- Language
- English
- Item Height
- 1 in
- Genre
- Law, Political Science, Biography & Autobiography, History
- Topic
- Constitutional, Terrorism, History & Theory, Civil Rights, United States / 21st Century, Presidents & Heads of State, American Government / Executive Branch, Political Freedom, Military
- Item Weight
- 12.3 Oz
- Item Width
- 6.4 in
- Number of Pages
- 286 Pages
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Product Identifiers
Publisher
University Press of Kansas
ISBN-10
0700615296
ISBN-13
9780700615292
eBay Product ID (ePID)
59948050
Product Key Features
Book Title
Bush, the Detainees, and the Constitution : the Battle over Presidential Power in the War on Terror
Number of Pages
286 Pages
Language
English
Topic
Constitutional, Terrorism, History & Theory, Civil Rights, United States / 21st Century, Presidents & Heads of State, American Government / Executive Branch, Political Freedom, Military
Publication Year
2007
Genre
Law, Political Science, Biography & Autobiography, History
Format
Hardcover
Dimensions
Item Height
1 in
Item Weight
12.3 Oz
Item Length
9.2 in
Item Width
6.4 in
Additional Product Features
Intended Audience
Trade
LCCN
2007-021676
Reviews
"President Bush's treatment of enemy combatants in the 'war on terror' is the most important constitutional story of our time, and Howard Ball tells it with a deft sense for detail, an impressive field of vision, and a sharply critical eye."-- David Cole , author of Enemy Aliens: Double Standards and Constitutional Freedoms in the War on Terrorism "Ball's detailed and lucid brief on the dangers of executive unilateralism touches upon the most difficult legal questions of the new century. A sobering and important read."-- Aziz Huq , author of Unchecked and Unbalanced: Presidential Power in a Time of Terror "A sweeping and essential guide."-- Karen J. Greenberg , editor of The Torture Debate in America, President Bushs treatment of enemy combatants in the war on terroris the most important constitutional story of our time, and Howard Ball tells it with a deft sense for detail, an impressive field of vision, and a sharply critical eye.David Cole , author of Enemy Aliens: Double Standards and Constitutional Freedoms in the War on Terrorism Balls detailed and lucid brief on the dangers of executive unilateralism touches upon the most difficult legal questions of the new century. A sobering and important read.Aziz Huq , author of Unchecked and Unbalanced: Presidential Power in a Time of Terror A sweeping and essential guide.Karen J. Greenberg , editor of The Torture Debate in America, "This book may well become the single authoritative account of the Guantnamo detainees and their impact on the struggle between presidential power and constitutional limits. It will appeal to a variety of scholars and is suitable for a variety of academic courses."Law and Politics Book Review "Ball presents the conflicting, and, at times, troubling relationship between the three branches of government. His arguments are compelling and thoughtful, and should be required reading for understanding our complex system, which encompasses separate institutions that may jealously guard, and often attempt to expand, their own powers. Highly recommended."Choice, President Bush's treatment of enemy combatants in the 'war on terror' is the most important constitutional story of our time, and Howard Ball tells it with a deft sense for detail, an impressive field of vision, and a sharply critical eye.-- David Cole , author of Enemy Aliens: Double Standards and Constitutional Freedoms in the War on Terrorism Ball's detailed and lucid brief on the dangers of executive unilateralism touches upon the most difficult legal questions of the new century. A sobering and important read.-- Aziz Huq , author of Unchecked and Unbalanced: Presidential Power in a Time of Terror A sweeping and essential guide.-- Karen J. Greenberg , editor of The Torture Debate in America, "This book may well become the single authoritative account of the Guantnamo detainees and their impact on the struggle between presidential power and constitutional limits. It will appeal to a variety of scholars and is suitable for a variety of academic courses."-- Law and Politics Book Review "Ball presents the conflicting, and, at times, troubling relationship between the three branches of government. His arguments are compelling and thoughtful, and should be required reading for understanding our complex system, which encompasses separate institutions that may jealously guard, and often attempt to expand, their own powers. Highly recommended."-- Choice, President Bush's treatment of enemy combatants in the 'war on terror' is the most important constitutional story of our time, and Howard Ball tells it with a deft sense for detail, an impressive field of vision, and a sharply critical eye., "This book may well become the single authoritative account of the Guantánamo detainees and their impact on the struggle between presidential power and constitutional limits. It will appeal to a variety of scholars and is suitable for a variety of academic courses."-- Law and Politics Book Review "Ball presents the conflicting, and, at times, troubling relationship between the three branches of government. His arguments are compelling and thoughtful, and should be required reading for understanding our complex system, which encompasses separate institutions that may jealously guard, and often attempt to expand, their own powers. Highly recommended."-- Choice, Ball's detailed and lucid brief on the dangers of executive unilateralism touches upon the most difficult legal questions of the new century. A sobering and important read., "President Bush's treatment of enemy combatants in the 'war on terror' is the most important constitutional story of our time, and Howard Ball tells it with a deft sense for detail, an impressive field of vision, and a sharply critical eye."- David Cole , author of Enemy Aliens: Double Standards and Constitutional Freedoms in the War on Terrorism "Ball's detailed and lucid brief on the dangers of executive unilateralism touches upon the most difficult legal questions of the new century. A sobering and important read."- Aziz Huq , author of Unchecked and Unbalanced: Presidential Power in a Time of Terror "A sweeping and essential guide."- Karen J. Greenberg , editor of The Torture Debate in America
Dewey Edition
22
Dewey Decimal
342.73/062
Table Of Content
Introduction 1. Presidential Power versus the Constitution's Limits on Power 2. Capturing the "Enemy" 3. Treatment of the "Enemy" 4. Bush versus the U.S. Supreme Court, Round One, 2003-2004 5. Bush versus the U.S. Supreme Court, Round Two, 2004-2006 6. Bush Trumps the U.S. Supreme Court: The 2006 Military Commissions Act Epilogue: The 2006 Midterm Elections and a Return to the U.S. Supreme Court Appendix 1. Authorization for Use of Military Force (AUMF) Resolution, September 18, 2001 Appendix 2. Presidential Military Order 1, November 13, 2001 Appendix 3. The Third Geneva Convention of 1949: Relative to the Treatment of Prisoners of War. Geneva, August 12, 1949 (Preamble, Parts I and II) Appendix 4. Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, Entered into Force June 26, 1987 (Preamble, Part I) Appendix 5. Detainee Treatment Act of 2005 (Title X--Matters Relating to Detainees) Appendix 6. Military Commissions Act of 2006 (Excerpts) Notes Index
Synopsis
Focuses on the recent "Enemy Combatant Cases" to provide a stern critique of the legal and constitutional basis for the enormous expansion of presidential power during the Bush administration's "War on Terror," and the challenges (especially in the Supreme Court) that such expansion has inspired., The infamous detainees of Guantnamo, garbed in their bright orange prison jumpsuits, have come to symbolize a host of controversial policies and powers claimed by President George W. Bush in the so-called war on terror. Designated as "enemy combatants," a vaguely defined and previously unrecognized category in the international laws of war, they have been at the center of a legal firestorm challenging the Bush administration's conduct of the war. Howard Ball, one of our nation's leading constitutional authorities, takes a close look at the White House's defense of its detainee program (what some have called an "American gulag"), the court actions used to challenge that enormous expansion of unchecked presidential power, and the potential threats to American democracy should those actions ultimately fail. Focusing on the Enemy Combatants Cases of 2004 and 2006--including Rasul v. Bush, Hamdi v. Bush, Rumsfeld v. Padilla, and Hamdan v. Rumsfeld--Ball examines competing legal arguments pitting the detainees' fundamental human rights (including habeas corpus) against Bush's proclamation that he alone has the authority to decide their fate, as well as efforts by the Court and Congress to reclaim their own authority in such matters. Ball describes how the administration repeatedly found ways to evade both the letter and spirit of the Court's decisions through new legislation, presidential signing statements, and even redefinition of the status of the detainees. He also examines the official context of the cases--including the two Congressional Authorizations for the Use of Military Force, the "Patriot Act," and the NSA's warrantless wiretapping program--as well as other factors such as presidential claims to "state secrets privilege," the torture controversy, and the impact of the 2006 elections. Ball's trenchant commentary reminds us once again that, in a time of war, there will always be a great tension between the need for security and the constitutional protection of due process for all persons within the nation's jurisdiction. In assessing the Bush administration's actions, his study underscores the significant extent to which they have diminished those protections. Ultimately, it tells a troubling story about the relationship between absolute presidential power and the principles of representative government, one that thoughtful readers cannot afford to ignore., The infamous detainees of Guantanamo, garbed in their bright orange prison jumpsuits, have come to symbolize a host of controversial policies and powers claimed by President George W. Bush in the so-called war on terror. Designated as "enemy combatants," a vaguely defined and previously unrecognized category in the international laws of war, they have been at the center of a legal firestorm challenging the Bush administration's conduct of the war. Howard Ball, one of our nation's leading constitutional authorities, takes a close look at the White House's defense of its detainee program (what some have called an "American gulag"), the court actions used to challenge that enormous expansion of unchecked presidential power, and the potential threats to American democracy should those actions ultimately fail. Focusing on the Enemy Combatants Cases of 2004 and 2006--including Rasul v. Bush, Hamdi v. Bush, Rumsfeld v. Padilla, and Hamdan v. Rumsfeld--Ball examines competing legal arguments pitting the detainees' fundamental human rights (including habeas corpus) against Bush's proclamation that he alone has the authority to decide their fate, as well as efforts by the Court and Congress to reclaim their own authority in such matters. Ball describes how the administration repeatedly found ways to evade both the letter and spirit of the Court's decisions through new legislation, presidential signing statements, and even redefinition of the status of the detainees. He also examines the official context of the cases--including the two Congressional Authorizations for the Use of Military Force, the "Patriot Act," and the NSA's warrantless wiretapping program--as well as other factors such aspresidential claims to "state secrets privilege," the torture controversy, and the impact of the 2006 elections. Ball reminds us once again that, in a time of war, there will always be a great tension between the need for security and the constitutional protection of due process. Ultimately, he tells a troubling story about the relationship between absolute presidential power and the principles of representative government, one that thoughtful readers cannot afford to ignore.
LC Classification Number
KF5060.B35 2007
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