In wartime, presidents are always tempted to expand their
authority. But in doing so, they often reach beyond their
constitutional mandate.
Although the use of military tribunals can be necessary and even
effective in times of war, Louis Fisher contends that these courts
present a grave danger to open government and the separation of
powers. Citing the constitutional provision vesting Congress with
the authority to create tribunals, Fisher addresses the threats
posed by the dramatic expansion of presidential power in time of
war-and the meek efforts of Congress and the judiciary to curb
it.
"Military Tribunals and Presidential Power" is the only book to
offer detailed and comprehensive coverage of these extra-legal
courts, taking in the sweep of American history from colonial times
to today's headlines. 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. He also
examines other presidential actions that present military
justifications to augment political power, such as suspending the
writ of habeas corpus, invoking martial law, and using
courts-martial to try U.S. citizens.
Fisher also analyzes how the Bush administration relied heavily
on precedents set in World War II-notably the Supreme Court's
opinion regarding Nazi saboteurs, Ex parte Quirin, a case shown in
recent times to have been a rush to judgment. He scrutinizes the
much-publicized cases of John Walker Lindh, Yaser Esam Hamdi, Jose
Padilla, Zacarias Moussaoui, and the Guantanamo detainees to reveal
how the executive branch has gone far beyond the bounds of even
Quirin, and he suggests that it is short-sighted to believe that
what was only tolerable half a century ago should be accepted as a
given today.
Fisher's primary concern is to show that the breadth of
presidential power in time of war comes at the cost of legislative
and judicial control-and that military tribunals represent a
concentration of power in the executive branch that the United
States would be quick to condemn in other countries. His book cuts
to the bone of today's controversies and sounds an alarm for
maintaining the checks and balances we value as a nation.
General
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!
Welcome to Loot.co.za!
Sign in / Register |Wishlists & Gift Vouchers |Help | Advanced search
(1)
(2)
