Unchecked and Unbalanced: Presidential Power in a Time of Terror

Overview

Thirty years after the Church Committee unearthed COINTELPRO and other instances of illicit executive behavior on the domestic and international fronts, the Bush administration has elevated the flaws identified by the committee into first principles of government.

Through a constellation of nonpublic laws and opaque, unaccountable institutions, the current administration has created a “secret presidency” run by classified presidential decisions and orders about national ...

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Unchecked And Unbalanced: Presidential Power in a Time of Terror

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Overview

Thirty years after the Church Committee unearthed COINTELPRO and other instances of illicit executive behavior on the domestic and international fronts, the Bush administration has elevated the flaws identified by the committee into first principles of government.

Through a constellation of nonpublic laws and opaque, unaccountable institutions, the current administration has created a “secret presidency” run by classified presidential decisions and orders about national security. A hyperactive Office of Legal Counsel in the Department of Justice is intent on eliminating checks on presidential power and testing that power’s limits. Decisions are routinely executed at senior levels within the civilian administration without input from Congress or the federal courts, let alone our international allies. Secret NSA spying at home is the most recent of these. Harsh treatment of detainees, “extraordinary renditions,” secret foreign prisons, and the newly minted enemy combatant designation have also undermined our values. The resulting policies have harmed counterterrorism efforts and produced few tangible results.

With a partisan Congress predictably reluctant to censure a politically aligned president, it is all the more important for citizens themselves to demand disclosure, oversight, and restraint of sweeping claims of executive power. This book is the first step.

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Product Details

  • ISBN-13: 9781595583475
  • Publisher: New Press, The
  • Publication date: 6/1/2008
  • Pages: 288
  • Product dimensions: 6.00 (w) x 9.20 (h) x 0.90 (d)

Meet the Author


Frederick A.O. Schwarz Jr. is senior counsel at the Brennan Center for Justice at NYU School of Law and a partner at Cravath, Swaine & Moore. He was chief counsel to the Church Committee. He lives in New York City.

Aziz Z. Huq is associate counsel at the Brennan Center and previously clerked for the U.S. Supreme Court. He lives in New York City.

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Table of Contents


Introduction     1
Cold War Lessons
Flawed Mandates: Early Years of the FBI and CIA     13
Revelations of the Church Committee     21
Reform and Resistance: Consequences of the Church Committee     50
Adopting Tactics of the Enemy
Our Torture Policy     65
"Extraordinary Rendition" and the Wages of Hypocricy     97
Bringing War Back Home     124
The Constitution Turned Upside Down
Kings and Presidents     153
The King's Counsel     187
Conclusion: A Republic, If You Can Keep It     200
Postscript     208
Acknowledgments     216
Notes     217
Index     275
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