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Power Without Constraint: The Post-9 11 Presidency And National Security

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Books : Nonfiction : English
                 
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         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?

                  
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