DOCSLIB.ORG

The Limits of National Security

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2011 The Limits of National Security Laura K. Donohue Georgetown University Law, [email protected] Georgetown Public Law and Legal Theory Research Paper No. 12-118 This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/1010 http://ssrn.com/abstract=2132563 48 Am. Crim. L. Rev. 1573-1756 (2011) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Comparative and Foreign Law Commons, National Security Law Commons, and the Securities Law Commons ARTICLE THE LIMITS OF NATIONAL SECURITY Laura K. Donohue* I. INTRODUCTION ....................................... 1574 II. DEFINING U.S. NATIONAL SECURITY ........................ 1577 III. THE FOUR EPOCHS .................................... 1587 A. Protecting the Union: 1776–1898..................... 1589 1. International Independence and Economic Growth ..... 1593 2. Retreat to Union .............................. 1611 3. Return to International Independence and Economic Growth..................................... 1617 a. Tension Between Expansion and Neutrality ....... 1618 b. Increasing Number of Domestic Power-Bases ..... 1623 B. Formative International Engagement and Domestic Power: 1898–1930 ............................... 1630 1. Political, Economic, and Military Concerns .......... 1630 a. Military Might ............................ 1637 b. Secondary Inquiry: From Rule of Law to Type of Law .................................... 1638 2. Tension Between the Epochs: Independence v. Engagement ................................. 1645 3. Expanding National Spheres of Influence ............ 1650 C. The Ascendance of National Security: 1930–1989 ......... 1657 1. A New Domestic Order ......................... 1658 a. Re-channeling of Law Enforcement to National Security ................................. 1661 b. The Threat of Totalitarianism ................. 1665 c. The Purpose of the State ..................... 1666 2. Changing International Role: From Authoritarianism to Containment ............................... 1669 * Associate Professor of Law, Georgetown Law. Thanks to John Benton, Ziad Haider, and Todd Venie for helping to obtain many of the documents used in this Article. I am grateful to Lucy Chester, Aziz Huq, Peter Katzenstein, Aaron O’Connell, Aziz Rana, Mike Seidman, Marc Sorel, David Super, Bob Turner, Steve Vladeck and Don Wallace for their thoughtful comments on earlier drafts. Members of both the Cornell Law Foreign Relations Colloquium and the Georgetown Law Foreign Relations Colloquium provided excellent feedback. Special thanks as well to Sarah Kelly-Kilgore and the editors of the American Criminal Law Review for their extraordinary assistance in editing this Article. It is much appreciated. © 2012, Laura K. Donohue. 1573 1574 AMERICAN CRIMINAL LAW REVIEW [Vol. 48:1573 3. Institutional Questions and the National Security Act of 1947..................................... 1672 a. National Military Establishment ............... 1673 b. Coordination for National Security: The NSC and CIA .................................... 1677 4. Bureaucratic Evolution ......................... 1682 5. The Soviet Threat and the Domestic Realm ........... 1688 a. The Federal Bureau of Investigation ............ 1688 b. Militarization ............................. 1693 c. National Security and Civil Rights .............. 1695 6. Hypertrophic Executive Power.................... 1698 D. Balancing Risk: 1989–2012 ......................... 1705 1. Climate Change .............................. 1709 a. Origins of the NSS ......................... 1715 b. The NSS in the Fourth Epoch.................. 1718 c. Expansion of the Traditional Framing ........... 1723 2. Biodefense .................................. 1732 3. Drugs...................................... 1738 4. Crime...................................... 1743 a. The War on Crime ......................... 1744 b. The “Muddy Waters” Problem ................ 1747 IV. CONSTITUTIONAL CRISIS ................................ 1751 I. INTRODUCTION The United States’ National Security Strategy (“NSS”), issued in May 2010, articulates an expansion in U.S. interests that stems from the end of the Cold War. Departing from a policy of industrial growth and military containment in response to geopolitical threats, U.S. national security is now defined in terms of a wide range of potential risks that the country faces. The NSS, for instance, ties the economy, education, immigration, infrastructure, science and innovation, alternative forms of energy, health care, and reductions in the federal deficit to U.S. national security.1 It calls for a “seamless coordination among Federal, state, and local governments to prevent, protect against, and respond to threats and natural disasters.”2 A “whole of government approach” will integrate the skills and capabilities of the country’s military and civilian institu- tions, including, inter alia, merging the staffs of the National Security Council 1. PRESIDENT BARACK OBAMA,NATIONAL SECURITY STRATEGY 2, 29–30 (2010) [hereinafter OBAMA NSS], http://www.whitehouse.gov/sites/default/files/rss_viewer/national_security_strategy.pdf (discussing immigration as a component of human capital); see also id. at 9–10 (calling for the integration of homeland security and national security staff). 2. Id. at 2. 2011] THE LIMITS OF NATIONAL SECURITY 1575 (“NSC”) and Homeland Security Council.3 In addition to foreign policy and international military concerns, the NSC will now also focus on trade, travel, organized crime, domestic intelligence gathering and dissemination, terrorism, public health, and natural disasters.4 The NSS is not alone in its rather expansive view of U.S. national security.5 The Quadrennial Defense Review (“QDR”), for example, issued in February 2010, cites threats related to the global commons, cybersecurity, climate change, and energy.6 The Quadrennial Intelligence Community Review (“QICR”), issued in January 2009, proclaims the dawn of a new era, requiring a “fundamental transformation of the national security establishment.”7 It identifies seven key variables underlying the unique threats now faced by the United States: political and military, social and cultural, demographic and health, domestic environment, innovation and technology, energy and environment, and economic and financial.8 What these and other articulations share in common is a significantly expanded view of what constitutes U.S. national security—one which differs not just from 3. Id. at 14. 4. Id. 5. Critics of the NSS as a meaningful document may correctly argue that its immediate object is policy, not law, and even then that it is subject to significant limitations (such as failing to establish priorities, consider fiscal limits, assign duties to agencies, or synchronize related documents). But such claims would overlook the importance of the NSS. For one, it derives from a legislative mandate. See 50 U.S.C. § 404a (2006). Via amendments to the National Security Act of 1947, Congress has required the President to submit an annual report, coincident with the budget, detailing the country’s approach to national security. Id. The statute requires that the President address: (1) worldwide interests, goals, and objectives vital to U.S. national security; (2) foreign policy, worldwide commitments, and national defense capabilities necessary to deter aggression and implement U.S. national security; (3) proposed short- and long-term uses of U.S. political, economic, and military power; (4) the adequacy of U.S. capabilities to carry out the NSS; and (5) additional information that may be necessary to keep Congress informed of matters related to U.S. national security. Id. In a constitutional sense, the report thus lies at the intersection of executive and legislative authorities: the former in an executive and foreign affairs capacity, and the latter in providing for the common defense and general welfare of the country. As a practical matter, moreover, the NSS accomplishes a number of important aims. As noted by the Congressional Research Service (“CRS”), by articulating a strategy, the NSS informs domestic and foreign audiences of the country’s strategic intent. See CATHERINE DALE,CONG.RESEARCH SERV., RL 34505, NATIONAL SECURITY STRATEGY:LEGISLATIVE MANDATES,EXECUTION TO DATE, AND CONSIDERATIONS FOR CONGRESS 2 (2008) [hereinafter DALE, NSS], http://www.law.umaryland.edu/marshall/crsreports/crsdocuments/RL34505_ 07282008.pdf. By linking the country’s goals and the approaches designed to meet them, it helps to justify the executive’s requests for authorization and appropriations from Congress and, in turn, Congress’s decision to grant executive requests. By offering prioritized objectives, moreover, the NSS provides guidance to departments and agencies to use in their internal processes for budgeting, planning, and operations, as well as organizing, training, and equipping their personnel. Id. The NSS anchors the most important policy documents in the field—the QUADRENNIAL DEFENSE REVIEW (“QDR”), the NATIONAL DEFENSE STRATEGY (“NDS”), the NATIONAL MILITARY STRATEGY (“NMS”), QUADRENNIAL INTELLIGENCE COMMUNITY REVIEW (“QICR”), and the QUADRENNIAL DIPLO- MACY AND DEVELOPMENT REVIEW (“QDDR”). 6. DEP’T OF DEF., QUADRENNIAL DEFENSE REVIEW AND BALLISTIC MISSILE DEFENSE REVIEW 5 (2010), http://www.defense.gov/news/d2010usdprolloutbrief.pdf.
Recommended publications
  • President Roosevelt and the Supreme Court Bill of 1937

    President Roosevelt and the Supreme Court Bill of 1937

    President Roosevelt and the Supreme Court bill of 1937 Item Type text; Thesis-Reproduction (electronic) Authors Hoffman, Ralph Nicholas, 1930- Publisher The University of Arizona. Rights Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author. Download date 26/09/2021 09:02:55 Link to Item http://hdl.handle.net/10150/319079 PRESIDENT ROOSEVELT AND THE SUPREME COURT BILL OF 1937 by Ralph Nicholas Hoffman, Jr. A Thesis submitted to the faculty of the Department of History and Political Science in partial fulfillment of the requirements for the degree of MASTER OF ARTS in the Graduate College, University of Arizona 1954 This thesis has been submitted in partial fulfillment of requirements for an advanced degree at the University of Arizona and is deposited in the Library to be made avail­ able to borrowers under rules of the Library. Brief quotations from this thesis are allowable without spec­ ial permission, provided that accurate acknowledgment of source is made. Requests for permission for extended quotation from or reproduction of this manuscript in whole or in part may be granted by the head of the major department or the dean of the Graduate College when in their judgment the proposed use of the material is in the interests of scholarship. In all other in­ stances, however, permission must be obtained from the author. SIGNED: TABLE.' OF.GOWTENTS Chapter / . Page Ic PHEYIOUS CHALLENGES TO THE JODlClMXo , V .
  • And Type the TITLE of YOUR WORK in All Caps

    And Type the TITLE of YOUR WORK in All Caps

    THAT LIBERTY SHALL NOT PERISH: AMERICAN PROPAGANDA AND THE POLITICS OF FEAR, 1914-1919 by ZACHARY CHARLES SMITH (Under the Direction of John H. Morrow, Jr.) ABSTRACT This dissertation attempts to provide an understanding of the widespread anxiety, vigilantism, suppression of dissent, and violation of civil liberties that took place in the United States from 1917 to 1919 and argues that it can be found in some Americans‟ understanding of and reaction to racially-charged propaganda. As the United States inched toward war with Germany in 1915 and after declaring war in April 1917, many propagandists began referencing the allegedly inherent characteristics of Germans as evidence of German American disloyalty and the existence of a vast “Pan-German” plot to undercut or even destroy American democracy. The imagined conspiracy grew to encompass most of the fears that had plagued the Anglo Saxon middle-class since the 1870s – immigrant radicalism, race suicide, the capability of “racially inferior” immigrants to assimilate and self-govern, and the continued deference of African Americans. To many anxious Americans, Germany and German Americans became a very real entity to which these long-held fears could be transferred. American propaganda produced during the First World War, though, was not a cynical ploy to fool the American people into supporting intervention on the side of the Allies. Leading Americans – politicians, editors, and social elites – were convinced that a global German conspiracy threatened the security of the United States and hoped to enlist the American people in staving off the existential threat they believed racially degenerate Germany allegedly posed.
  • Directors of Central Intelligence As Leaders of the U.S

    Directors of Central Intelligence As Leaders of the U.S

    All statements of fact, opinion, or analysis expressed in this book are those of the author. They do not necessarily reflect official positions of the Central Intel- ligence Agency or any other US government entity, past or present. Nothing in the contents should be construed as asserting or implying US government endorsement of the authors’ factual statements and interpretations. The Center for the Study of Intelligence The Center for the Study of Intelligence (CSI) was founded in 1974 in response to Director of Central Intelligence James Schlesinger’s desire to create within CIA an organization that could “think through the functions of intelligence and bring the best intellects available to bear on intelli- gence problems.” The Center, comprising professional historians and experienced practitioners, attempts to document lessons learned from past operations, explore the needs and expectations of intelligence consumers, and stimulate serious debate on current and future intelligence challenges. To support these activities, CSI publishes Studies in Intelligence and books and monographs addressing historical, operational, doctrinal, and theoretical aspects of the intelligence profession. It also administers the CIA Museum and maintains the Agency’s Historical Intelligence Collection. Comments and questions may be addressed to: Center for the Study of Intelligence Central Intelligence Agency Washington, DC 20505 Printed copies of this book are available to requesters outside the US government from: Government Printing Office (GPO) Superintendent of Documents P.O. Box 391954 Pittsburgh, PA 15250-7954 Phone: (202) 512-1800 E-mail: [email protected] ISBN: 1-929667-14-0 The covers: The portraits on the front and back covers are of the 19 directors of central intelligence, beginning with the first, RAdm.
  • The Instrumental Role of Congressman Hatton Sumners in the Resolution of the 1937 Court-Packing Crisis, 54 UIC J

    The Instrumental Role of Congressman Hatton Sumners in the Resolution of the 1937 Court-Packing Crisis, 54 UIC J

    UIC Law Review Volume 54 Issue 2 Article 1 2021 “What I Said Was ‘Here Is Where I Cash In’”: the Instrumental Role of Congressman Hatton Sumners in the Resolution of the 1937 Court-Packing Crisis, 54 UIC J. Marshall L. Rev. 379 (2021) Josiah Daniel III Follow this and additional works at: https://repository.law.uic.edu/lawreview Part of the Law Commons Recommended Citation Josiah M. Daniel III, “What I Said Was ‘Here Is Where I Cash In’”: the Instrumental Role of Congressman Hatton Sumners in the Resolution of the 1937 Court-Packing Crisis, 54 UIC J. Marshall L. Rev. 379 (2021) https://repository.law.uic.edu/lawreview/vol54/iss2/1 This Article is brought to you for free and open access by UIC Law Open Access Repository. It has been accepted for inclusion in UIC Law Review by an authorized administrator of UIC Law Open Access Repository. For more information, please contact [email protected]. “WHAT I SAID WAS ‘HERE IS WHERE I CASH IN’”: THE INSTRUMENTAL ROLE OF CONGRESSMAN HATTON SUMNERS IN THE RESOLUTION OF THE 1937 COURT- PACKING CRISIS JOSIAH M. DANIEL, III* I. THE CONGRESSMAN’S “CASH IN” UTTERANCE UPON DEPARTING THE WHITE HOUSE ON FEBRUARY 5, 1937 ... 379 II. HATTON W. SUMNERS’S LIFE AND CONGRESSIONAL CAREER ......................................................................................... 384 III. THE NEW DEAL’S LITIGATION PROBLEM AND PRESIDENT FRANKLIN D. ROOSEVELT’S PROPOSED COURT-PACKING SOLUTION ........................................................................ 393 IV. SUMNERS’S TWO JUDICIAL BILLS AS BOOKENDS TO THE CRISIS .............................................................................. 401 a. March 1, 1937: The Retirement Act ....................... 401 b. August 24, 1937: The Intervention Act .................
  • Intelligence Legalism and the National Security Agency's Civil Liberties

    Intelligence Legalism and the National Security Agency's Civil Liberties

    112 Harvard National Security Journal / Vol. 6 ARTICLE Intelligence Legalism and the National Security Agency’s Civil Liberties Gap __________________________ Margo Schlanger* * Henry M. Butzel Professor of Law, University of Michigan. I have greatly benefited from conversations with John DeLong, Mort Halperin, Alex Joel, David Kris, Marty Lederman, Nancy Libin, Rick Perlstein, Becky Richards, and several officials who prefer not to be named, all of whom generously spent time with me, discussing the issues in this article, and many of whom also helped again after reading the piece in draft. I would also like to extend thanks to Sam Bagenstos, Rick Lempert, Daphna Renan, Alex Rossmiller, Adrian Vermeule, Steve Vladeck, Marcy Wheeler, Shirin Sinnar and other participants in the 7th Annual National Security Law Workshop, participants at the University of Iowa law faculty workshop, and my colleagues at the University of Michigan Legal Theory Workshop and governance group lunch, who offered me extremely helpful feedback. Jennifer Gitter and Lauren Dayton provided able research assistance. All errors are, of course, my responsibility. Copyright © 2015 by the Presidents and Fellows of Harvard College and Margo Schlanger. 2015 / Intelligence Legalism and the NSA’s Civil Liberties Gaps 113 Abstract Since June 2013, we have seen unprecedented security breaches and disclosures relating to American electronic surveillance. The nearly daily drip, and occasional gush, of once-secret policy and operational information makes it possible to analyze and understand National Security Agency activities, including the organizations and processes inside and outside the NSA that are supposed to safeguard American’s civil liberties as the agency goes about its intelligence gathering business.
  • Latest from the Constitution Project

    Latest from the Constitution Project

    TCP Journal September 2011 On My Mind: Monthly Message from TCP President Virginia Sloan TCP’s fifth annual Constitution Day event is coming up, and I hope you will join The Constitution Project, Georgetown University Law Center and the Mid-Atlantic Innocence Project on September 15th to celebrate Constitution Day and to recognize three distinguished authors who will receive The Constitution Project’s annual Constitutional Commentary Award. Jim Petro, former Republican Attorney General of Ohio, and Nancy Petro, are being honored for their book, False Justice: Eight Myths that Convict the Innocent, as is Brandon Garrett, professor of law at the University of Virginia School of Law for his book Convicting the Innocent: Where Criminal Prosecutions Go Wrong. Our Constitutional Commentary Award is given annually to the author or producer of an outstanding work that has improved the quality of public discourse through insightful, articulate analysis of a constitutional issue. Following the award presentation, Jeffrey Rosen, professor of law at George Washington University School of Law and legal editor at The New Republic (who wrote a glowing review of Convicting the Innocent in The New York Times Sunday Book Review), will host a discussion with the three authors. A reception will follow. The event will take place from 3:30 to 6:30 p.m. at the Gewirz Student Center at Georgetown University School of Law. Please RSVP today as space is limited. I hope to see you there. President Obama Urged to Nominate the Remaining Individuals to Crucial Privacy and Civil Liberties Oversight Board On August 25th, TCP, along with a coalition of 18 additional organizations and individuals, sent a letter to President Obama, Secretary of Homeland Security Janet Napolitano, Attorney General Eric Holder, and Director of National Intelligence James Clapper, urging the President to nominate individuals to the remaining three positions on the Privacy and Civil Liberties Oversight Board (PCLOB) without further delay.
  • National Security Leaks and the Law Hearing Committee on the Judiciary House of Representatives

    National Security Leaks and the Law Hearing Committee on the Judiciary House of Representatives

    NATIONAL SECURITY LEAKS AND THE LAW HEARING BEFORE THE SUBCOMMITTEE ON CRIME, TERRORISM, AND HOMELAND SECURITY OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED TWELFTH CONGRESS SECOND SESSION JULY 11, 2012 Serial No. 112–139 Printed for the use of the Committee on the Judiciary ( Available via the World Wide Web: http://judiciary.house.gov U.S. GOVERNMENT PRINTING OFFICE 74–977 PDF WASHINGTON : 2012 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Aug 31 2005 17:36 Oct 24, 2012 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 H:\WORK\CRIME\071112\74977.000 HJUD PsN: 74977 COMMITTEE ON THE JUDICIARY LAMAR SMITH, Texas, Chairman F. JAMES SENSENBRENNER, JR., JOHN CONYERS, JR., Michigan Wisconsin HOWARD L. BERMAN, California HOWARD COBLE, North Carolina JERROLD NADLER, New York ELTON GALLEGLY, California ROBERT C. ‘‘BOBBY’’ SCOTT, Virginia BOB GOODLATTE, Virginia MELVIN L. WATT, North Carolina DANIEL E. LUNGREN, California ZOE LOFGREN, California STEVE CHABOT, Ohio SHEILA JACKSON LEE, Texas DARRELL E. ISSA, California MAXINE WATERS, California MIKE PENCE, Indiana STEVE COHEN, Tennessee J. RANDY FORBES, Virginia HENRY C. ‘‘HANK’’ JOHNSON, JR., STEVE KING, Iowa Georgia TRENT FRANKS, Arizona PEDRO R. PIERLUISI, Puerto Rico LOUIE GOHMERT, Texas MIKE QUIGLEY, Illinois JIM JORDAN, Ohio JUDY CHU, California TED POE, Texas TED DEUTCH, Florida JASON CHAFFETZ, Utah LINDA T. SA´ NCHEZ, California TIM GRIFFIN, Arkansas JARED POLIS, Colorado TOM MARINO, Pennsylvania TREY GOWDY, South Carolina DENNIS ROSS, Florida SANDY ADAMS, Florida BEN QUAYLE, Arizona MARK AMODEI, Nevada RICHARD HERTLING, Staff Director and Chief Counsel PERRY APELBAUM, Minority Staff Director and Chief Counsel SUBCOMMITTEE ON CRIME, TERRORISM, AND HOMELAND SECURITY F.
  • A Study in American Jewish Leadership

    A Study in American Jewish Leadership

    Cohen: Jacob H Schiff page i Jacob H. Schiff Cohen: Jacob H Schiff page ii blank DES: frontis is eps from PDF file and at 74% to fit print area. Cohen: Jacob H Schiff page iii Jacob H. Schiff A Study in American Jewish Leadership Naomi W. Cohen Published with the support of the Jewish Theological Seminary of America and the American Jewish Committee Brandeis University Press Published by University Press of New England Hanover and London Cohen: Jacob H Schiff page iv Brandeis University Press Published by University Press of New England, Hanover, NH 03755 © 1999 by Brandeis University Press All rights reserved Printed in the United States of America 54321 UNIVERSITY PRESS OF NEW ENGLAND publishes books under its own imprint and is the publisher for Brandeis University Press, Dartmouth College, Middlebury College Press, University of New Hampshire, Tufts University, and Wesleyan University Press. library of congress cataloging-in-publication data Cohen, Naomi Wiener Jacob H. Schiff : a study in American Jewish leadership / by Naomi W. Cohen. p. cm. — (Brandeis series in American Jewish history, culture, and life) Includes bibliographical references and index. isbn 0-87451-948-9 (cl. : alk. paper) 1. Schiff, Jacob H. (Jacob Henry), 1847-1920. 2. Jews—United States Biography. 3. Jewish capitalists and financiers—United States—Biography. 4. Philanthropists—United States Biography. 5. Jews—United States—Politics and government. 6. United States Biography. I. Title. II. Series. e184.37.s37c64 1999 332'.092—dc21 [B] 99–30392 frontispiece Image of Jacob Henry Schiff. American Jewish Historical Society, Waltham, Massachusetts, and New York, New York.
  • INFORMATION to USERS This Manuscript Has Been Reproduced

    INFORMATION to USERS This Manuscript Has Been Reproduced

    INFO RM A TIO N TO U SER S This manuscript has been reproduced from the microfilm master. UMI film s the text directly from the original or copy submitted. Thus, some thesis and dissertation copies are in typewriter face, while others may be fromany type of con^uter printer. The quality of this reproduction is dependentquality upon o fthe the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleedthrough, substandard margins, and inqjroper alignment can adverse^ afreet reproduction. In the unlikely event that the author did not send UMI a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note wiD indicate the deletion. Oversize materials (e.g., maps, drawings, charts) are reproduced by sectioning the original, beginning at the upper left-hand comer and continuing from left to right in equal sections with small overlaps. Each original is also photographed in one e3q)osure and is included in reduced form at the back of the book. Photogr^hs included inoriginal the manuscript have been reproduced xerographically in this copy. Higher quality 6" x 9" black and white photographic prints are available for aiy photographs or illustrations appearing in this copy for an additional charge. Contact UMI direct^ to order. UMJ A Bell & Howell Information Company 300 North Zeeb Road. Ann Arbor. Ml 48106-1346 USA 313.'761-4700 800/521-0600 LAWLESSNESS AND THE NEW DEAL; CONGRESS AND ANTILYNCHING LEGISLATION, 1934-1938 DISSERTATION presented in partial fulfillment of the requirements for the Degree Doctor of Philosophy in the Graduate School of the Ohio State University By Robin Bernice Balthrope, A.B., J.D., M.A.
  • Elections Have Consequences

    Elections Have Consequences

    LIBERTYVOLUME 10 | ISSUE 1 | March 2021 WATCHPOLITICS.LIVE. BUSINESS. THINK. BELIBERTY. FREE. ELECTIONS HAVE CONSEQUENCES BETTER DAYS AHEAD George Harris CENSORSHIP & THE CANCEL CULTURE Joe Morabito JUST SAY “NO” TO HARRY REID AIRPORT Chuck Muth REPORT: SISOLAK’S EMERGENCY POWERS LACK LEGAL AUTHORITY Deanna Forbush DEMOCRATS WANT A 'RETURN TO CIVILITY'; WHEN DID THEY PRACTICE IT? Larry Elder THE LEFT WANTS UNCONDITIONAL SURRENDER, NOT UNITY Stephen Moore THE WORLD’S LARGEST CANNABIS SUPERSTORE COMPLEX INCLUDES RESTAURANT + MORE! Keep out of reach of children. For use only by adults 21 years of age and older. LIBERTY WATCH Magazine The Gold Standard of Conservatism. Serving Nevada for 15 years, protecting Liberty for a lifetime. LIBERTYWATCHMagazine.com PUBLISHER George E. Harris [email protected] EDITOR content Novell Richards 8 JUST THE FACTS George Harris ASSOCIATE EDITORS BETTER DAYS AHEAD Doug French [email protected] 10 FEATURE Joe Morabito Mark Warden CENSORSHIP & THE CANCEL CULTURE [email protected] 11 MILLENNIALS Ben Shapiro CARTOONIST GET READY FOR 4 YEARS Gary Varvel OF MEDIA SYCOPHANCY OFFICE MANAGER 12 MONEY MATTERS Doug French Franchesca Sanchez SILVER SQUEEZE: DESIGNERS IS THAT ALL THERE IS? Willee Wied Alejandro Sanchez 14 MUTH'S TRUTHS Chuck Muth JUST SAY “NO” TO HARRY REID AIRPORT CONTRIBUTING WRITERS John Fund 18 COVER Doug French ELECTIONS HAVE CONSEQUENCES Thomas Mitchell Robert Fellner 24 COUNTERPUNCH Victor Davis Hanson Nicole Maroe Judge Andrew P. Napolitano 26 LEGAL BRIEF Deanna Forbush Ben
  • Chapter 15 Reconstruction 1865–1877

    Chapter 15 Reconstruction 1865–1877

    Chapter 15 Reconstruction 1865–1877 Teaching Resources 4. As some African Americans began to agi- tate for political rights, congressional Re- Chapter Instructional Objectives publicans proposed the Wade-Davis Bill, a stricter substitute for Lincoln’s Ten Percent After you have taught this chapter, your students Plan, which laid down, as conditions for should be able to answer the following questions: the restoration of the rebellious states to 1. How did Presidents Lincoln and Johnson envision the Union, an oath of allegiance by a ma- Reconstruction? jority of each state’s adult white men, new state governments formed only by those 2. How and why did Republicans in Congress take who had never carried arms against the control of Reconstruction? Union, and permanent disfranchisement 3. What did African Americans expect after the Civil of Confederate leaders. War? What were the realities they encountered 5. The Wade-Davis Bill served notice that during Reconstruction? congressional Republicans were not going to turn Reconstruction policy over to the 4. What was the southern response(s) to Reconstruc- president. tion? 6. Rather than openly challenge Congress, 5. Why did a political crisis emerge in 1877? How did Lincoln executed a pocket veto of the it shape Reconstruction? Wade-Davis Bill by not signing it before Congress adjourned. 6. What were the successes and failures of Recon- 7. Lincoln also initiated informal talks with struction? congressional leaders aimed at finding common ground; Lincoln’s successor An- Chapter Annotated Outline drew Johnson, however, held the view that Reconstruction was the president’s prerog- I. Presidential Reconstruction ative.
  • RESPONSE Targeted Killing and Judicial Review

    RESPONSE Targeted Killing and Judicial Review

    RESPONSE Targeted Killing and Judicial Review Stephen I. Vladeck* ABSTRACT In Drones: The Power to Kill, former Attorney General Alberto Gonzales argues for increased oversight and accountability for targeted killing operations undertaken by the U.S. Government against its own citizens. Modeled on the procedures adopted by the government for the detention of terrorism suspects after, and in light of, the Supreme Court’s decision in Hamdi v. Rumsfeld, these mechanisms would include at least some form of limited ex ante judicial review. This Response offers a detailed series of critiques of the means by which Judge Gonzales proposes to achieve increased oversight and accountability. More fundamentally, though, it argues that the buried lede of Judge Gonzales’s article is the view that U.S. courts are not categorically incompetent to review the legality of uses of military force. Thus, Judge Gonzales has penned a defense of judicial review of targeted killings that is far more robust than it might appear at first blush, because it both underscores why the target’s citizenship is irrelevant to the underlying judicial competency question and clarifies that debates over the scope and timing of such judicial review should take place on policy—rather than constitutional—terms. To that end, the Response closes by offering an alternative proposal to maximize vigorous and efficient judicial oversight of targeted killing operations. INTRODUCTION Given his controversial role in shaping and defending U.S. counterterrorism policies during his tenure as White House Counsel and Attorney General under the George W. Bush Administration,1 there is more * Professor of Law and Associate Dean for Scholarship, American University Washington College of Law.