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Author : United States. Congress. Senate. Committee on Government Operations
Publisher : Unknown
Page : 378 pages
File Size : 41,7 Mb
Release : 1976
Category : Executive power
ISBN : UCSD:31822019502095
Author : ERIC. BLOCK
Publisher : Unknown
Page : 128 pages
File Size : 51,6 Mb
Release : 2021
Category : Electronic
ISBN : 0433509554
Author : United States. Congress. Senate. Special Committee on National Emergencies and Delegated Emergency Powers
Publisher : Unknown
Page : 380 pages
File Size : 51,9 Mb
Release : 1976
Category : National Emergencies Act
ISBN : OSU:32437000379988
Author : Harold Relyea
Publisher : Unknown
Page : 34 pages
File Size : 41,7 Mb
Release : 2001
Category : Executive power
ISBN : STANFORD:36105062989145
Author : Jennifer K. Elsea
Publisher : Unknown
Page : 0 pages
File Size : 44,7 Mb
Release : 2018
Category : Electronic
ISBN : LCCN:2020230676
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations
Publisher : Unknown
Page : 124 pages
File Size : 51,7 Mb
Release : 1975
Category : Government publications
ISBN : PURD:32754078876624
Author : L Elaine Halchin
Publisher : Independently Published
Page : 26 pages
File Size : 40,6 Mb
Release : 2019-04-05
Category : Electronic
ISBN : 1092779604
The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 230 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act (50 U.S.C. §§1601-1651) eliminated or modified some statutory grants of emergency authority, required the President to formally declare the existence of a national emergency and to specify what statutory authority activated by the declaration would be used, and provided Congress a means to countermand the President's declaration and the activated authority being sought. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report.
Author : Anonim
Publisher : Unknown
Page : 25 pages
File Size : 41,8 Mb
Release : 2003
Category : Executive power
ISBN : OCLC:54082552
The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 200 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Indeed, both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Furthermore, since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act (50 U.S.C. 1601-1651) eliminated or modified some statutory grants of emergency authority, required the President to declare formally the existence of a national emergency and to specify what statutory authority, activated by the declaration, would be used, and provided Congress a means to countermand the President's declaration and the activated authority being sought. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report, which is updated as events require.
Author : United States. President (2001-2009 : Bush)
Publisher : Unknown
Page : 8 pages
File Size : 45,6 Mb
Release : 2001
Category : September 11 Terrorist Attacks, 2001
ISBN : MINN:31951D01587919G
Author : Chris Edelson
Publisher : University of Wisconsin Pres
Page : 376 pages
File Size : 40,6 Mb
Release : 2013-12-19
Category : History
ISBN : 9780299295332
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
Author : Richard A. Posner
Publisher : Oxford University Press
Page : 208 pages
File Size : 41,6 Mb
Release : 2006-09-01
Category : Law
ISBN : 9780199885367
Eavesdropping on the phone calls of U.S. citizens; demands by the FBI for records of library borrowings; establishment of military tribunals to try suspected terrorists, including U.S. citizens--many of the measures taken by the Bush administration since 9/11 have sparked heated protests. In Not a Suicide Pact, Judge Richard A. Posner offers a cogent and elegant response to these protests, arguing that personal liberty must be balanced with public safety in the face of grave national danger. Critical of civil libertarians who balk at any curtailment of their rights, even in the face of an unprecedented terrorist threat in an era of proliferation of weapons of mass destruction, Posner takes a fresh look at the most important constitutional issues that have arisen since 9/11. These issues include the constitutional rights of terrorist suspects (whether American citizens or not) to habeas corpus and due process, and their rights against brutal interrogation (including torture) and searches based on less than probable cause. Posner argues that terrorist activity is sui generis--it is neither "war" nor "crime"--and it demands a tailored response, one that gives terror suspects fewer constitutional rights than persons suspected of ordinary criminal activity. Constitutional law must remain fluid, protean, and responsive to the pressure of contemporary events. Posner stresses the limits of law in regulating national security measures and underscores the paradoxical need to recognize a category of government conduct that is at once illegal and morally obligatory. One of America's top legal thinkers, Posner does not pull punches. He offers readers a short, sharp book with a strong point of view that is certain to generate much debate. OXFORD'S NEW INALIENABLE RIGHTS SERIES This is inaugural volume in Oxford's new fourteen-book Inalienable Rights Series. Each book will be a short, analytically sharp exploration of a particular right--to bear arms, to religious freedom, to free speech--clarifying the issues swirling around these rights and challenging us to rethink our most cherished freedoms.
Author : United States. Congress. Senate. Committee on Government Operations
Publisher : Unknown
Page : 40 pages
File Size : 41,8 Mb
Release : 1976
Category : War and emergency powers
ISBN : UOM:39015078623686
Author : United States. Congress. Senate. Special Committee on the Termination of the National Emergency
Publisher : Unknown
Page : 1092 pages
File Size : 54,8 Mb
Release : 1973
Category : War and emergency powers
ISBN : UCBK:C055434452
Author : United States. President (2001-2009 : Bush)
Publisher : Unknown
Page : 8 pages
File Size : 41,5 Mb
Release : 2006
Category : Côte d'Ivoire
ISBN : PURD:32754078648841
Author : United States. President (2001-2009 : Bush)
Publisher : Unknown
Page : 8 pages
File Size : 51,8 Mb
Release : 2006
Category : Belarus
ISBN : PURD:32754078110347
