Download Free Rumsfeld Versus Padilla 2004 Book in PDF and EPUB Free Download. You can read online Rumsfeld Versus Padilla 2004 and write the review.

The application of the Political Question Doctrine is at a crucial crossroads as the Supreme Court continues to test new 'War on Terrorism' initiatives. Historically, the political question doctrine has held the courts from resolving constitutional issues that are better left to other departments of government, as a way of maintaining the system of checks and balances. However, the doctrine's many ambiguities have allowed a roughly defined juxtaposition of the branches of government during previous years when the Republic was concerned with both international matters and those within its continental confines. The Political Question Doctrine and the Supreme Court of the United States discusses the gradual changes in the parameters of the doctrine, including its current position dealing with increasingly extraterritorial concerns. Nada Mourtada-Sabbah and Bruce E. Cain bring together critical essays that examine the broad issues of judicial involvement in politics and the future of the doctrine. With a wide range of historical and theoretical perspectives, this book will stimulate debate among those interested in political science and legal studies.
This work provides an authoritative survey of America's long and turbulent history of rebellions against laws and institutions of the state, ranging from violent acts of sedition and terrorism to acts of nonviolent civil disobedience against discriminatory or unjust laws. Crimes against the State is an evenhanded and illuminating one-stop resource for understanding acts of rebellion against legal authorities and institutions and the motivations/goals driving them. Special care is taken to differentiate between hostile acts and actors that seek to overthrow or otherwise damage the state and/or targeted demographic groups through violence (such "bad actors" as the January 6 Capitol mob and bombers of abortion clinics) and acts and actors that seek to defy, reform, or improve laws and institutions of the state through nonviolent action (such "good actors" as activists in the civil rights movement). Within these pages, readers will 1) learn how to differentiate between sedition, insurrection, treason, domestic terrorism, espionage, and other acts meant to injure or overthrow the government; 2) gain a deeper understanding of laws, policies, and events that have aroused violent or nonviolent opposition; 3) gain a deeper understanding of the perspectives and motivations of both good actors and bad actors; and 4) learn about state responses to these challenges and threats, from martial law–style crackdowns to new laws and reforms.
American politics is most notably characterized by the heated debates on constitutional interpretation at the core of its ever-raging culture wars, and the coverage of these lingering disputes are often inundated with public-opinion polls. Yet for all their prominence in contemporary society, there has never been an all-inclusive, systematic study of public opinion and how it impacts the courts and electoral politics. Public Opinion and Constitutional Controversy is the first book to provide a comprehensive analysis of American public opinion on the key constitutional controversies of the twentieth century, including desegregation, school prayer, abortion, the death penalty, affirmative action, gay rights, assisted suicide, and national security, to name just a few. With essays focusing on each issue in-depth, Nathaniel Persily, Jack Citrin, Patrick Egan, and an established group of scholars utilize cutting edge public-opinion data to illustrate these contemporary debates, methodically examining each one and how public attitudes have shifted over time, especially in the wake of prominent Supreme Court decisions. More than just a compilation of available data, however, these essays join the "popular constitutionalism" debate between those who advocate a dominant role for courts in constitutional adjudication and those who prefer a more pluralized constitutional discourse. Each essay also vividly details the gap between the public and the Supreme Court on these hotly contested issues and analyzes how and why this divergence of opinion has grown or shrunk over the last fifty years. Ultimately, Public Opinion and Constitutional Controversy sheds light on a major yet understudied part of American politics, providing an incisive look at the crucial part played by the voice of the people on the issues that have become an indelible part of the modern-day political landscape.
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 modern presidency has become the central fault line of polarization in America because the president, increasingly, has the power to reshape vast swaths of American life. In The Cult of the Presidency, Gene Healy argues that “We, the People” are to blame. Americans on each side of the red-blue divide demand a president who can create jobs, teach our children well, tend to the “national soul”—and vanquish their culture-war enemies. Our political culture has invested the office with preposterously vast responsibilities, and as a result, the officeholder wields powers that no human being ought to have. In a new preface to the 2024 edition, Healy argues that the rise of partisan hatred lends new urgency to the cause of re-limiting executive power. In the years since Cult was first published, politics has gone feral, with polls showing that substantial majorities of Democrats and Republicans view members of the other party as “a serious threat to the United States and its people.” At the same time, the most powerful office in the world has grown even more so. That’s raised the stakes of our political differences dramatically: the issues that divide us most are now increasingly settled by whichever party manages to seize the office. In our partisan myopia, we’ve laid down the infrastructure for autocratic rule and sectarian warfare, making the presidency powerful enough to tear the country apart. Interweaving historical scholarship, legal analysis, and trenchant cultural commentary, The Cult of the Presidency traces America’s decades‐long drift from the Framers’ vision for the presidency: a constitutionally constrained chief magistrate charged with faithful execution of the laws. Restoring that vision will require a Congress and a Court willing to check executive power, but Healy emphasizes that there is no simple legislative or judicial fix. Unless Americans change what we ask of the office—no longer demanding what we should not want and cannot have—we’ll get what, in a sense, we deserve.
Introduction -- What is terrorism? -- History of terrorism -- International terrorism -- Terrorist tactics around the globe -- Homegrown terrorism in the united states -- Media coverage of terrorism -- Women terrorists -- Technology and terrorism -- Counterterrorism.
Contesting Security investigates to what extent the ‘logic of security’, which underpins securitization, can be contained, rolled back or dismantled. Featuring legitimacy as a cement of security practices, this volume presents a detailed account of the "logic" which sustains security in order to develop a novel approach to the relation between security and the policies in which it is engraved. Understanding security as a normative practice, the contributors suggest a nuanced, and richer take on the conditions under which it is possible, advisable or fair to accept or roll back its policies. The book comprises four sections, each investigating one specific modality of contesting security practices: resistance, desecuritization, emancipation, and resilience. These strategies are examined, compared and assessed in different political and cultural habitats. This book will be of much interest to students of critical security studies, securitisation theory, social theory, and IR in general.
Sometimes the truth is buried in front of us. That is the case with more than 140,000 government documents relating to abuse of prisoners by U.S. forces during the “war on terror,” brought to light by Freedom of Information Act litigation. As the lead author of the ACLU’s report on these documents, Larry Siems is in a unique position to chronicle who did what, to whom and when. This book, written with the pace and intensity of a thriller, serves as a tragic reminder of what happens when commitments to law, common sense, and human dignity are cast aside, when it becomes difficult to discern the difference between two groups intent on perpetrating extreme violence on their fellow human beings. Divided into three sections, The Torture Report presents a stunning array of eyewitness and first-person reports—by victims, perpetrators, dissenters, and investigators—of the CIA’s White House-orchestrated interrogations in illegal, secret prisons around the world; the Pentagon’s “special projects,” in Guantánamo Bay, Cuba; plots real and imagined, and much more.
This book engages with a controversial issue, namely the establishment of penal colonies and concentration camps in imperial spaces, which have informed ongoing debates on the repressive practices of colonial rule and popular resistance against it. The contributors offer a reassessment of the history of politically motivated incarceration based upon a multi-disciplinary perspective in a global, imperial setting during the twentieth century. The introduction and seven chapters engage with comparative and transnational perspectives on political persecution, forced confinement and colonial rule in British, French, German, Belgian and Portuguese dominions in Africa, Asia, Oceania and Latin America. Addressing political incarceration's global imperial dimensions, they focus upon the organisation, strategies, narratives and practices associated with political internment in Africa (Angola, Tanzania, Rhodesia, South Africa), Latin America (French Guyana) and the Pacific region (New Caledonia). Penal legislation, policies of convict transport and political imprisonment, resettlement, prison regimes, resistance and liberation struggles, counter insurgency, prisoner agency, and prisons as cultural spaces and of memory are discussed here for different time periods from the mid-1800s to the late twentieth century. The chapters build upon the ongoing debate on political incarceration in the empire and the remarkable dynamic scientific research witnessed over the last decades. As a result, they provide novel insights into the nature of legal systems, colonial discourse, memory, racial segregation and persecution, prisoners’ narratives of practices of punishment and incarceration, and human rights abuses in imperial spaces. The chapters in this book were originally published as a special issue of The Journal of Imperial and Commonwealth History. The editors have also written an original conclusion to the present volume.