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This book features a lively debate between two prominent scholars—Michael A. Genovese and David Gray Adler—on the critical issue of whether the Constitution, written in the 18th Century, remains adequate to the national security challenges of our time. The question of the scope of the president’s constitutional authority—if any—to initiate war on behalf of the American people, long the subject of heated debate in the corridors of power and the groves of academe, has become an issue of surpassing importance for a nation confronted by existential threats in an Age of Terrorism. This question should be thoroughly reviewed and debated by members of Congress, and considered by all Americans before they are asked to go to war. If the constitutional allocation of powers on matters of war and peace is outdated, what changes should be made? Is there a need to increase presidential power? What role should Congress play in the war on terror?
The United States' War on Terror lacks identifiable enemies and obvious front lines. It is fought on the battlefields of Iraq and Afghanistan by conventional military forces, in the deserts of Yemen and mountains of Pakistan by Special Operations forces, in the detention centers of Guantánamo Bay by lawyers, and on the domestic front by intelligence agencies. The tools used in this amorphous war have raised questions concerning the nature and scope of executive power, as well as about broader constitutional issues regarding the balance of presidential and legislative war powers. Given the distinctive and potentially endless nature of the War on Terror, it is vitally important to clarify and resolve these issues. Restoring the Balance: War Powers in an Age of Terror advances a theory of war powers that provides a framework for the effective and efficient conduct of the War on Terror. It argues that the constitutional grant of the power to declare war accorded Congress should be understood as the power to give the president extraordinary domestic legislative authority in order to defend the nation. In the absence of a declaration of war, then, Congress's legislative power provides a meaningful check on the ability of the president to alter domestic laws. Restoring the Balance challenges the conventional arguments on both sides of the debate over war powers, using constitutional theory, case law, and political precedent to provide a pragmatic, policy-based theory on the question of war powers in the age of international terror. Casting the "declare war" clause in a new light, it develops an original constitutional interpretation of the appropriate balance between presidential and congressional war powers. Author Seth Weinberger advances a novel understanding of the power to declare war, arguing that the president has broad inherent constitutional powers to deploy U.S. armed forces abroad without specific authorization from Congress. However, without such authorization the president is limited when taking actions that affect the legal status of persons within the United States itself. In short, Restoring the Balance demands that Congress recognize its constitutionally endowed responsibility and take a more substantial role in protecting domestic civil liberties and the fragile balance created by the Constitution.
In this short book, Etzioni, the well-known and respected public intellectual and communitarian thinker, charts a middle course, or third way 'between those who are committed to shore up our liberties but blind to the needs of public security, as well as those who never met a right they are not willing to curtail to give authorities an even freer hand.' This book will prove a useful guide for citizens looking for a thought provoking, well-reasoned and sober analysis of one of the hot button issues of our time.
In the aftermath of the tragic September 11, 2001 attacks against the United States, the Bush administration acted boldly and often unilaterally to thwart terrorism at home and abroad. At the time, the President's actions were legitimized by claims that the President had broad constitutional powers in the areas of war and foreign policy. These claims were bolstered in a series of the Justice Department's Office of Legal Counsel memos claiming that the President's actions in this area were "nonreviewable" by other branches. The subject of widespread debate and outrage, the legal rationales offered seemed to violate the concept of checks and balances built into the United States Constitution. This work examines the evolution of claims of independent executive power by exploring the roots and development of executive prerogative in America. The author traces the concept back to its British use and the theories that animated prerogative in England, as well as whether prerogative was "Americanized" by the founders. He further explores where one might find constitutional or legal support for prerogative, how the concept and practice of prerogative has evolved over time, the extent to which the Bush presidency mirrors or departs from previous examples of presidential prerogative, and finally, whether "necessity" is a legitimate reason to adopt prerogative. Balanced, well-written, and authored by one of the most highly regarded presidency scholars in the United States, this work is the first to deeply explore the roots and evolution of prerogative and its application in the age of terrorism. It is ideal for use in courses on the American presidency, presidential power, and constitutional law.
The United States is now in the third year of the global war on terrorism. That war began as a fi ght against the organization that perpetrated the heinous attacks of September 11, 2001, but soon became a much more ambitious enterprise, encompassing, among other things, an invasion and occupation of Iraq. As part of the war on terrorism, the United States has committed not only to ridding the world of terrorism as a means of violence but also to transforming Iraq into a prosperous democratic beacon for the rest of the autocratically ruled and economically stagnant Middle East to follow. Dr. Jeffrey Record examines three features of the war on terrorism as currently defi ned and conducted: (1) the administration's postulation of the terrorist threat, (2) the scope and feasibility of U.S. war aims, and (3) the war's political, fi scal, and military sustainability. He fi nds that the war on terrorism-as opposed to the campaign against al-Qaeda-lacks strategic clarity...
Essential reading on how technology empowers rogue actors and how society can adapt. Never have so many possessed the means to be so lethal. A dramatic shift from 20th century "closed" military innovation to "open" innovation driven by commercial processes is underway. The diffusion of modern technology--robotics, cyber weapons, 3-D printing, synthetic biology, autonomous systems, and artificial intelligence--to ordinary people has given them access to weapons of mass violence previously monopolized by the state. As Audrey Kurth Cronin explains in Power to the People, what we are seeing now is the continuation of an age-old trend. Over the centuries, from the invention of dynamite to the release of the AK-47, many of the most surprising developments in warfare have occurred because of technological advances combined with changes in who can use them. That shifting social context illuminates our current situation, in which new "open" technologies are reshaping the future of war. Cronin explains why certain lethal technologies spread, which ones to focus on, and how individuals and private groups will adapt lethal off-the-shelf technologies for malevolent ends. Now in paperback with a foreword by Lawrence Freedman and a new epilogue, Power to the People focuses on how to both preserve the promise of emerging technologies and reduce risks. Power is flowing to the people, but the same digital technologies that empower can imperil global security--unless we act strategically.
The Mumbai blasts of 1993, the attack on the Indian Parliament in 2001, Mumbai 26/11—cross-border terrorism has continued unabated. What can India do to motivate Pakistan to do more to prevent such attacks? In the nuclear times that we live in, where a military counter-attack could escalate to destruction beyond imagination, overt warfare is clearly not an option. But since outright peace-making seems similarly infeasible, what combination of coercive pressure and bargaining could lead to peace? The authors provide, for the first time, a comprehensive assessment of the violent and non-violent options available to India for compelling Pakistan to take concrete steps towards curbing terrorism originating in its homeland. They draw on extensive interviews with senior Indian and Pakistani officials, in service and retired, to explore the challenges involved in compellence and to show how non-violent coercion combined with clarity on the economic, social and reputational costs of terrorism can better motivate Pakistan to pacify groups involved in cross-border terrorism. Not War, Not Peace? goes beyond the much discussed theories of nuclear deterrence and counterterrorism strategy to explore a new approach to resolving old conflicts.
This book reviews the war on terror since 9/11 from a human rights perspective.
From Iraq to Bosnia to North Korea, the first question in American foreign policy debates is increasingly: Can air power alone do the job? Robert A. Pape provides a systematic answer. Analyzing the results of over thirty air campaigns, including a detailed reconstruction of the Gulf War, he argues that the key to success is attacking the enemy's military strategy, not its economy, people, or leaders. Coercive air power can succeed, but not as cheaply as air enthusiasts would like to believe.Pape examines the air raids on Germany, Japan, Korea, Vietnam, and Iraq as well as those of Israel versus Egypt, providing details of bombing and governmental decision making. His detailed narratives of the strategic effectiveness of bombing range from the classical cases of World War II to an extraordinary reconstruction of airpower use in the Gulf War, based on recently declassified documents. In this now-classic work of the theory and practice of airpower and its political effects, Robert A. Pape helps military strategists and policy makers judge the purpose of various air strategies, and helps general readers understand the policy debates.