The imperial presidency and the consequences of 9/11 : lawyers react to the global war on terrorism

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The imperial presidency and the consequences of 9/11 : lawyers react to the global war on terrorism

edited by James R. Silkenat and Mark R. Shulman ; foreword by Barry Kamins ... [et al.]

Praeger Security International, 2007

  • : set
  • v. 1
  • v. 2

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Includes bibliographical references and index

内容説明・目次

内容説明

The issue of the imperial presidency, which is raised in connection with the Bush administration's response to the legal issues flowing from the 9/11 attacks, is one that now resonates broadly across the American political landscape: not just with Democrats, but with Republicans too; and not just with lawyers, but with the American public generally. Are the legal powers of the President unlimited in cases of terrorist attacks on the United States? Do the courts and legislatures have a role to play? How relevant is the U.S. Constitution in these instances? These reports, compiled by the NYC Bar Association merit wider distribution. Thus, Silkenat and Shulman have brought them together to give readers a clearer sense of what the rule of law really means to Americans. As noted in a New York Times editorial in January 2006: Nothing in the national consensus to combat terrorism after 9/11 envisioned the unilateral rewriting of more than 200 years of tradition and law by the president embarked on an ideological crusade Over the past few years, much lip service has been paid to the phrase rule of law. At the same time, the U.S. government has avoided basic rule of law principles by holding prisoners outside the law (off the books and out of Red Cross supervision, off shore or even on U.S. soil, but without due process or urgent matter that bears on the security of this country). In both volumes, learned practitioners and scholars argue in favor of adherence to time-tested principles. Each report has a preface that places the material in historical and legal context.

目次

Preface Acknowledgments About the Editors About the Contributors Introduction Chapter 1 Inter Arma Silent Leges: In Times of Armed Conflict, Should the Laws be Silent? A Report on the Presidents Military Order of November 13, 2001, Regarding Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism Chapter 2 The Legality and Constitutionality of the Presidents Authority to Initiate an Invasion of Iraq Chapter 3 Letter to President Bush Concerning the United Nations Charter Obligations Regarding Iraq Chapter 4 Letter from the Association President to President George W. Bush re Human Rights and Security of Women and Girls in Afghanistan Chapter 5 Letter to Honorable William J. Haynes II re Comments on Military Commission Instruction Crimes and Elements for Trials by Military Commissions Chapter 6 Letter to U.S. Department of Defense Inspector General Joseph E. Schmitz re Enemy Prisoners of War and Other Detainees Chapter 7 Amicus Brief: Jose Padilla v. Donald Rumsfeld Chapter 8 A Comment on Legislation to Amend the Agriculture and Markets Law, in Relation to Unlawful Tampering with Animal Activities Chapter 9 The Indefinite Detention of Enemy Combatants: Balancing Due Process and National Security in the Context of the War on Terror Chapter 10 Recommendations Related to the Trial of Saddam Hussein Chapter 11 Human Rights Standards Applicable to the United States Interrogation of Detainees Chapter 12 Dangerous Doctrine: The Attorney Generals Unfounded Claim of Unlimited Authority to Arrest and Deport Aliens In Secret Chapter 13 Letter from the Association President to U.S. Congressman Edward Markey re: HR 4674: The Proposed Legislation Seeking the End of U.S. Involvement in Extraordinary Rendition Chapter 14 NYC Bar Association Issues Statement Opposing House 9/11 Bill Chapter 15 Position Paper by the Committee on Labor and Employment Law re: The right of employees not represented by a labor organization to have a co-worker present during interviews that may lead to the discipline of an employee in light of real or threatened terrorist attacks. Chapter 16 Torture by Proxy: International and Domestic Law Applicable to Extraordinary Renditions Chapter 17 Letter from the Association President to the Honorable Alberto Gonzales re 9/11 Issues Chapter 18 Statement of the Association with Respect to Release or Transfer of Detainees at Guantanamo Bay Naval Station Chapter 19 Letter from the Association President to Representative Edward Markey re HR 952: The Proposed Bill Seeking to End U.S. Involvement in Extraordinary Rendition Chapter 20 Letter from the Association President to Honorable Arlen Specter and Honorable Patrick Leahy re: Nomination of William J. Haynes II to a seat on the U.S. Court of Appeals for the 4th Circuit Chapter 21 Letter from the Association President to Honorable Pat Roberts and Honorable John D. Rockefeller IV re: Hearings on Patriot Act Reauthorization and Revision Chapter 22 Hamdan v. Rumsfeld: The City Bars Amicus Brief Chapter 23 The Prevention and Prosecution of Terrorist Acts: A Survey of Multilateral Instruments

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