ERIC Number: EJ751173
Record Type: Journal
Publication Date: 2006-Mar
Pages: 6
Abstractor: ERIC
ISBN: N/A
ISSN: ISSN-0037-7724
EISSN: N/A
Available Date: N/A
Executive Power in an Age of Terror
Landman, James H.
Social Education, v70 n2 p93-98 Mar 2006
One week after the terrorist attacks of September 11, 2001, the Congress passed an Authorization for the Use of Military Force (The Authorization) that authorized the president--"... to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations, or persons." The preamble to the Authorization also acknowledged the president's "authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States." This article examines executive power in an age of terror, focusing on issues highlighted in the "Hamdan" case and in the controversy over the National Security Agency (NSA) surveillance program. How extensive was the Authorization's grant of power to the president to "use all necessary and appropriate force"? What are the president's inherent powers to independently act against enemy combatants or persons suspected of being in communication with terrorist organizations? What is the role of Congress and the federal judiciary in balancing, checking, or reviewing executive actions? How might individual rights under the Constitution limit executive power? (Contains 3 notes.)
Descriptors: Presidents, National Security, Terrorism, Armed Forces, Military Personnel, Court Litigation, Political Power, Constitutional Law, Federal Government, Governmental Structure, Power Structure
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Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Audience: N/A
Language: English
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Authoring Institution: N/A
Identifiers - Location: United States
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