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Books > Social sciences > Politics & government > Political activism > Terrorism, freedom fighters, armed struggle
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Under the Color of Law - The Bush Administration Subversion of U.S. Constitutional and International Law in the War on Terror (Hardcover)
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Under the Color of Law - The Bush Administration Subversion of U.S. Constitutional and International Law in the War on Terror (Hardcover)
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Under the Color of Law constitutes a full and critical scholarly
commentary to the text of five key Bush administration legal
memoranda formative of U.S. counterterrorism policy from 2001 to
2009. This volume is dedicated to the idea that these documents are
worthy of being read and critically examined in themselves as
primary text, precisely because the act of critical assessment may
yield meaningful policy reform in the ongoing debate facing the
nation over balancing security interests with the preservation of
civil liberties. This volume is intended to provide counterpoint
for, and antithesis to, positions vigorously defended by President
Bush's attorneys working at the OLC inside the Department of
Justice, and it is designed to be used primarily in conjunction
with and examined as response to the Bush-era documents themselves.
Martin Henn investigates five central questions, each framed around
commentary to a specific administration document. This work
addresses the Yoo-Flanigan Memorandum of September 25, 2001, and
asks whether any President has constitutional power to initiate a
foreign war without congressional authorization. Regarding
President Bush's November 13 executive order of 2001, Henn asks
whether an emergency of war permits any President to usurp judicial
and legislative powers to interpret law and define and punish
offences against the law of nations. Along with many other
questions these documents initiate, the author carefully analyzes
and seeks to answer questions regarding the Bush administration,
the use of interrogational coercion and torture in the war on
terror.
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