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Power without Constraint: The Post-9/11 Presidency and National Security
As a presidential candidate, Barack Obama criticized the George W. Bush administration for its unrestrained actions in matters of national security. Yet President Obama has not fulfilled candidate Obama's promise to restore the rule of law and make a clean break with his predecessor.
In Power without Constraint Chris Edelson offers a thorough, extensive comparison of the Bush and Obama administrations' national security policies, arguing that both have asserted more executive authority than previous presidents. He examines once-secret Justice Department memos in which President Bush's officials claimed for the executive branch plenary unilateral authority to use military force in response to threats of terrorism, as well as the power to set aside laws made by Congress, even criminal laws prohibiting torture and warrantless surveillance. He acknowledges that President Obama and his officials have not claimed the authority to set aside criminal laws, relying on softer rhetoric and toned-down legal arguments to advance their policies. But, in key areas―military action, surveillance, and state secrets―they have simply found new ways to assert power without meaningful constitutional or statutory constraints.
Edelson contends that this legacy of the two immediately post-9/11 presidencies raises crucial questions for future presidents, Congress, the courts, and American citizens. Where is the political will to restore a balance of powers among branches of government and adherence to the rule of law? What are the limits of authority regarding presidential national security power? Have national security concerns created a permanent shift to unconstrained presidential power?
In Power without Constraint Chris Edelson offers a thorough, extensive comparison of the Bush and Obama administrations' national security policies, arguing that both have asserted more executive authority than previous presidents. He examines once-secret Justice Department memos in which President Bush's officials claimed for the executive branch plenary unilateral authority to use military force in response to threats of terrorism, as well as the power to set aside laws made by Congress, even criminal laws prohibiting torture and warrantless surveillance. He acknowledges that President Obama and his officials have not claimed the authority to set aside criminal laws, relying on softer rhetoric and toned-down legal arguments to advance their policies. But, in key areas―military action, surveillance, and state secrets―they have simply found new ways to assert power without meaningful constitutional or statutory constraints.
Edelson contends that this legacy of the two immediately post-9/11 presidencies raises crucial questions for future presidents, Congress, the courts, and American citizens. Where is the political will to restore a balance of powers among branches of government and adherence to the rule of law? What are the limits of authority regarding presidential national security power? Have national security concerns created a permanent shift to unconstrained presidential power?
- GenresPolitical Science
242 pages, Hardcover
Published May 11, 2016
23 people want to read
About the author
Chris Edelson
3 books5 followersChris Edelson is currently an Assistant Professor in the Department of Government at American University. His teaching and research interests focus on constitutional interpretation, presidential power, and the U.S. Supreme Court. Prior to joining the AU faculty, Professor Edelson practiced employment discrimination law and also served as state legislative director for the Human Rights Campaign. Classes taught include Civil Rights and Liberties, The American Constitution, Individual Freedom v. Authority, and The Constitution, National Security and the “War on Terror”.
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November 8, 2018
Provocative book that paints the increasing power held by the executive branch in the US. Obama made noise about making changes but mostly held Bush's policies. I like any uncovering of hypocrisy.
Displaying 1 of 1 review