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Author : Judge Advocate General's School (United States. Army)
Publisher : Unknown
Page : 212 pages
File Size : 54,7 Mb
Release : 1943
Category : Martial law
ISBN : MINN:319510026548300
Author : Judge Advocate General's School (United States. Army),Edward Hamilton Young
Publisher : Unknown
Page : 180 pages
File Size : 47,8 Mb
Release : 1943
Category : Military law
ISBN : LCCN:2011525518
Author : William Whiting
Publisher : BoD – Books on Demand
Page : 365 pages
File Size : 43,6 Mb
Release : 2022-04-02
Category : Fiction
ISBN : 9783752591750
Reprint of the original, first published in 1864.
Author : William Whiting
Publisher : Unknown
Page : 736 pages
File Size : 46,6 Mb
Release : 1871
Category : Executive power
ISBN : STANFORD:36105043928733
Author : Anonim
Publisher : Unknown
Page : 304 pages
File Size : 52,7 Mb
Release : 1995
Category : Courts-martial and courts of inquiry
ISBN : OSU:32435085455756
Author : Louis Fisher
Publisher : Unknown
Page : 308 pages
File Size : 46,9 Mb
Release : 2005
Category : History
ISBN : UOM:39015063343753
Offers coverage of wartime extra-legal courts. Focusing on those periods when the Constitution and civil liberties have been most severely tested by threats to national security, Fisher critiques tribunals called during the presidencies of Washington, Madison, Jackson, Lincoln, Andrew Johnson, Wilson, Franklin Roosevelt, and Truman.
Author : William Whiting
Publisher : Unknown
Page : 736 pages
File Size : 41,8 Mb
Release : 1871
Category : Electronic
ISBN : IBNR:CR100202239
Author : Charles A. Shanor,L. Lynn Hogue
Publisher : Unknown
Page : 422 pages
File Size : 55,7 Mb
Release : 1996
Category : Law
ISBN : STANFORD:36105061705682
Constitution and National Security; Congress; President; War Powers Resolution; Courts; Use of Force Abroad; Internal Disorders; Entry into Military; Enlistment; Officer Appointments; Reservists; Constitutional and Other Rights; Due Process; Equal Protection; First Amendment Rights: Religion, Speech, Political Participation, Symbolic Expression, Publications, Assembly, Petitions, Association; Other Rights: Voting; Residency and Tax Situs; Soldiers' and Sailors' Civil Relief Act; Reemployment; Veterans' Preferences; Military Criminal Justice System; Administrative Correction; Nonjudicial Punishment (Article 15); Courts-Martial; Jurisdiction; Military Criminal Process Through Trial; Appellate Review; Military Crimes; Defenses and Punishments; Constitutional Safeguards: Search and Seizure, Self-Incrimination, Right to Counsel; Law of Armed Conflict; Treaties; Customary Law; Violations; Discharge and Administrative Separation; Enlisted Discharges; Officer Dismissals; Administrative Review; Compensation; Tort Claims; Administrative Claims Remedies; Veterans' Benefits.
Author : Louis Fisher
Publisher : Unknown
Page : 344 pages
File Size : 54,6 Mb
Release : 2004
Category : Law
ISBN : UOM:39015059116692
For this new edition, Louis Fisher has updated his arguments to include critiques of the Clinton & Bush presidencies, particularly the Use of Force Act, the Iraq Resolution of 2002, the 'preemption doctrine' of the current U.S. administration, & the order authorizing military tribunals.
Author : Louis Fisher
Publisher : University Press of Kansas
Page : 384 pages
File Size : 49,6 Mb
Release : 2014-08-19
Category : Political Science
ISBN : 9780700619986
Over three decades after its initial publication, Louis Fisher’s durable classic remains at the head of its class—a book that Congressional Quarterly called “as close to being indispensable as anything published in this field.” This newly revised sixth edition emphatically reinforces that sterling reputation. Fisher dissects the crucial constitutional disputes between the executive and legislative branches of government from the Constitutional Convention through President Clinton’s impeachment battles to the recent controversies over President Bush’s conduct as commander in chief. He ventures beyond traditional discussions of Supreme Court decisions to examine the day-to-day working relationships between the president and Congress. By analyzing a mixture of judicial pronouncements, executive acts, and legislative debates, Fisher pinpoints the critical areas of legislative-executive tension: appointment powers, investigatory powers, legislative and executive vetoes, the budgetary process, and war powers. He then examines these areas of tension within a concrete political and historical context. To scholars, this book offers a comprehensive examination of the institutions and issues of public law. For practitioners, general readers, and students of American government, it demonstrates how constitutional issues shape and define current events. The new edition covers for the first time: * Obama’s military decisions in Afghanistan and Iraq * Military operations against Libya in 2011 * Threatened attacks on Syria in 2013 * Efforts to close Guantánamo * Obama’s recess appointments during a pro forma session * “Fast and Furious” scandal: Holder’s contempt and Obama’s executive privilege * The growth of presidential “czars” * Executive branch secrecy and lack of accountability * State Secrets Privilege after 9/11 * Distinguishing between “implied” powers (constitutional) and “inherent” powers (not constitutional) * Pocket vetoes and the growth of “hybrid vetoes” * New developments in the President’s removal power
Author : Congressional Research Service
Publisher : Createspace Independent Publishing Platform
Page : 98 pages
File Size : 52,8 Mb
Release : 2017-04-03
Category : Electronic
ISBN : 1545111685
This report discusses and assesses the War Powers Resolution and its application since enactment in 1973, providing detailed background on various cases in which it was used, as well as cases in which issues of its applicability were raised. It will be revised biannually. In the post-Cold War world, Presidents have continued to commit U.S. Armed Forces into potential hostilities, sometimes without a specific authorization from Congress. Thus the War Powers Resolution and its purposes continue to be a potential subject of controversy. On June 7, 1995, the House defeated, by a vote of 217-201, an amendment to repeal the central features of the War Powers Resolution that have been deemed unconstitutional by every President since the law's enactment in 1973. In 1999, after the President committed U.S. military forces to action in Yugoslavia without congressional authorization, Representative Tom Campbell used expedited procedures under the Resolution to force a debate and votes on U.S. military action in Yugoslavia, and later sought, unsuccessfully, through a federal court suit to enforce presidential compliance with the terms of the War Powers Resolution. The War Powers Resolution P.L. 93-148 was passed over the veto of President Nixon on November 7, 1973, to provide procedures for Congress and the President to participate in decisions to send U.S. Armed Forces into hostilities. Section 4(a)(1) requires the President to report to Congress any introduction of U.S. forces into hostilities or imminent hostilities. When such a report is submitted, or is required to be submitted, Section 5(b) requires that the use of forces must be terminated within 60 to 90 days unless Congress authorizes such use or extends the time period. Section 3 requires that the "President in every possible instance shall consult with Congress before introducing" U.S. Armed Forces into hostilities or imminent hostilities. From 1975 through March 2017, Presidents have submitted 168 reports as the result of the War Powers Resolution, but only one, the 1975 Mayaguez seizure, cited Section 4(a)(1), which triggers the 60-day withdrawal requirement, and in this case the military action was completed and U.S. armed forces had disengaged from the area of conflict when the report was made. The reports submitted by the President since enactment of the War Powers Resolution cover a range of military activities, from embassy evacuations to full-scale combat military operations, such as the Persian Gulf conflict, and the 2003 war with Iraq, the intervention in Kosovo, and the anti-terrorism actions in Afghanistan. In some instances, U.S. Armed Forces have been used in hostile situations without formal reports to Congress under the War Powers Resolution. On one occasion, Congress exercised its authority to determine that the requirements of Section 4(a)(1) became operative on August 29, 1983, through passage of the Multinational Force in Lebanon Resolution (P.L. 98-119). In 1991 and 2002, Congress authorized, by law, the use of military force against Iraq. In several instances none of the President, Congress, or the courts has been willing to initiate the procedures of or enforce the directives in the War Powers Resolution.
Author : Jonathan Mahler
Publisher : Farrar, Straus and Giroux
Page : 352 pages
File Size : 45,6 Mb
Release : 2008-08-05
Category : History
ISBN : 9781429933124
An inspiring legal thriller set against the backdrop of the war on terror, The Challenge tells the inside story of a historic Supreme Court showdown. At its center are a Navy JAG and a young constitutional law professor who, in the aftermath of 9/11, find themselves defending their nation in the unlikeliest of ways: by suing the president of the United States on behalf of an accused terrorist in order to prevent the American government from breaking the law and violating the Constitution. Jonathan Mahler traces the journey of their client, Salim Ahmed Hamdan, from the Yemeni mosque where he was first recruited for jihad in 1998, through his years working as a driver for Osama bin Laden, to his capture in Afghanistan in November 2001 and his subsequent transfer to Guantanamo Bay. It was there that Hamdan was designated by President Bush to be tried before a special military tribunal and assigned a military lawyer to represent him, a thirty-five-year-old graduate student of the Naval Academy, Lieutenant Commander Charles Swift. No one expected Swift to mount much of a defense. Not only were the rules of the tribunals, America's first in more than fifty years, stacked against him, his superiors at the Pentagon were pressuring him to persuade Hamdan to plead guilty. But Swift didn't believe that the tribunals were either legal or fair, so he enlisted a young Georgetown law professor named Neal Katyal to help him sue the Bush administration over their legality. In the spring of 2006, Katyal, who had almost no trial experience, took the case to the Supreme Court and won. The landmark ruling has been called the Court's most important decision ever on presidential power and the rule of law. Written with the cooperation of Swift and Katyal, The Challenge follows the braided stories of Swift's intense, precarious relationship with Hamdan and the unprecedented legal case itself. Combining rich character portraits and courtroom drama reminiscent of Jonathan Harr's A Civil Action with sophisticated yet accessible legal analysis, The Challenge is a riveting narrative that illuminates some of the most pressing constitutional questions of the post-9/11 era.
Author : Brett J. Kyle,Andrew G. Reiter
Publisher : Unknown
Page : 244 pages
File Size : 48,5 Mb
Release : 2020-12-23
Category : Courts-martial and courts of inquiry
ISBN : 0367029944
"The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military courts remain glaringly under-examined. This book fills a gap in existing scholarship by providing a theoretically rich, global examination of the operation and reform of military courts in democracies. Drawing on a newly-created global dataset, it examines trends across states and over time. Combined with deeper qualitative case studies, the book presents clear and well-justified findings that will be of interest to scholars and policymakers working in a variety of fields"--
Author : William Whiting
Publisher : Unknown
Page : 374 pages
File Size : 50,9 Mb
Release : 1864
Category : Executive power
ISBN : NYPL:33433081767349
Author : Anonim
Publisher : LLMC
Page : 363 pages
File Size : 55,7 Mb
Release : 2024-05-22
Category : Electronic
ISBN : 8210379456XXX