The surprising truth behind Barack Obama's decision to continue many of his predecessor's counterterrorism policies. Conventional wisdom holds that 9/11 sounded the death knell for presidential accountability. In fact, the opposite is true. The novel powers that our post-9/11 commanders in chief assumed—endless detentions, military commissions, state secrets, broad surveillance, and more—are the culmination of a two-century expansion of presidential authority. But these new powers have been met with thousands of barely visible legal and political constraints—enforced by congressional committees, government lawyers, courts, and the media—that have transformed our unprecedentedly powerful presidency into one that is also unprecedentedly accountable. These constraints are the key to understanding why Obama continued the Bush counterterrorism program, and in this light, the events of the last decade should be seen as a victory, not a failure, of American constitutional government. We have actually preserved the framers’ original idea of a balanced constitution, despite the vast increase in presidential power made necessary by this age of permanent emergency.

The Harvard Law Review is offered as an ebook, featuring active Contents, linked notes, and proper formatting. The contents of Issue 4 (Feb. 2013) include: • Article, “The Limits of Unbundled Legal Assistance: A Randomized Study in a Massachusetts District Court and Prospects for the Future,” by D. James Greiner, Cassandra Wolos Pattanayak, and Jonathan Hennessy • Book Review, “Stochastic Constraint,” by Neal Kumar Katyal • Note, “Counteracting the Bias: The Department of Labor’s Unique Opportunity to Combat Human Trafficking” • Note, “Tilling the Vast Wasteland: The Case for Reviving Localism in Public Interest Obligations for Cable Television” • Note, “Preemption as Purposivism’s Last Refuge” • Note, “The Meaning(s) of ‘The People’ in the Constitution • Note, “Indian Canon Originalism” The issue includes In Memoriam contributions about the life, scholarship, and teaching of Roger Fisher. Contributors include Martha Minow, Robert Mnookin, and Bruce Patton.

Popular perception holds that presidents act "first and alone," resorting to unilateral orders to promote an agenda and head off unfavorable legislation. Little research, however, has considered the diverse circumstances in which such orders are issued. The Dual Executive reinterprets how and when presidents use unilateral power by illuminating the dual roles of the president. Drawing from an original data set of over 5,000 executive orders and proclamations (the two most frequently used unilateral orders) from the Franklin D. Roosevelt to the George W. Bush administrations (1933–2009), this book situates unilateral orders within the broad scope of executive–legislative relations. Michelle Belco and Brandon Rottinghaus shed light on the shared nature of unilateral power by recasting the executive as both an aggressive "commander" and a cooperative "administrator" who uses unilateral power not only to circumvent Congress, but also to support and facilitate its operations.

In a world that is increasingly unstable, intelligence services like the American CIA and the United Kingdom's MI6 exist to deliver security. Whether the challenge involves terrorism, cyber-security, or the renewed specter of great power conflict, intelligence agencies mitigate threats and provide decisional advantage to national leaders. But empowered intelligence services require adequate supervision and oversight, which must be about more than the narrow (if still precarious) task of ensuring the legality of covert operations and surveillance activities. Global Intelligence Oversight is a comparative investigation of how democratic countries can govern their intelligence services so that they are effective, but operate within frameworks that are acceptable to their people in an interconnected world. The book demonstrates how the institutions that oversee intelligence agencies participate in the protection of national security while safeguarding civil liberties, balancing among competing national interests, and building public trust in inherently secret activities. It does so by analyzing the role of courts and independent oversight bodies as they operate in countries with robust constitutional frameworks and powerful intelligence services. The book also illuminates a new transnational oversight dynamic that is shaping and constraining security services in new ways. It describes how global technology companies and litigation in transnational forums constitute a new form of oversight whose contours are still undefined. As rapid changes in technology bring the world closer together, these forces will complement their more traditional counterparts in ensuring that intelligence activities remain effective, legitimate, and sustainable.

An argument for why emergencies are no excuse for extralegal action by presidents Using emergency as a cause for action ultimately leads to an almost unnoticed evolution in the political understanding of presidential powers. The Constitution, however, was designed to function under "states of exception," most notably through the separation of powers, and provides ample internal checks on emergency actions taken under claims of necessity. Thomas Crocker urges Congress, the courts, and other bodies to put those checks into practice.

For almost four decades, the editors of Congress Reconsidered, Lawrence C. Dodd and Bruce I. Oppenheimer have delivered the best contemporary work from leading congressional scholars in a form that is both analytical and accessible. The tradition continues in this Eleventh Edition as contributing authors focus on the many ways Congress has changed over time and examine the conditions that foster these developments. Some of the most noted names in congressional studies address topics from broad dynamics affecting the institution, elections and constituencies, parties and internal organization, inter-branch relations, and policymaking. This new edition also ends with a capstone chapter on the milestone 2016 elections. Simply put, this bestselling volume remains on the cutting edge of scholarship, identifying patterns of change in Congress and placing those patterns in context.

The Law of the Executive Branch: Presidential Power places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. Each provision of the US Constitution is analyzed to reveal its contemporary meaning and in concert with the application of presidential power.

Complete guide to understanding homeland security law, with an extensive index and with exhaustive references and related links throughout The newly revised and updated Third Edition of Foundations of Homeland Security and Emergency Management enables readers to develop a conceptual understanding of the legal foundations of homeland security and emergency management (HSEM) by presenting the primary source law and policy documents we have established to address "all hazards," both terrorism and natural disasters. The book demonstrates that HSEM involves many specialties and that it must be viewed expansively and in the long-term. The Third Edition has more sources than previous editions and is streamlined with fewer long quotations. It highlights only those portions of the various documents and statutes necessary to provide the reader an understanding of what the law is designed to accomplish. Foundations of Homeland Security and Emergency Management includes information on: WMD, now expanded to include Pandemic Laws Political extremism, domestic threats, Posse Comitatus Act, and Insurrection Act Space Law, comparative Drone Law with Japan, HSEM in Puerto Rico Homeland Security Legal Architecture before 9/11 Ethical, Legal, and Social Issues in Homeland Security Critical Infrastructure Protection, Resiliency, and Culture of Preparedness With its accessible format, plethora of primary source documentation, and comprehensive coverage of the subject, this book is an essential resource for professionals and advanced students in law enforcement, national and homeland security, emergency management, intelligence, and critical infrastructure protection.

Situated between two different constitutional traditions, those of the United Kingdom and the United States, Canada has maintained a distinctive third way: federal, parliamentary, and flexible. Yet in recent years it seems that Canadian constitutional culture has been moving increasingly in an American direction. Through the prorogation crises of 2008 and 2009, its senate reform proposals, and the appointment process for Supreme Court judges, Stephen Harper's Conservative government has repeatedly shown a tendency to push Canada further into the US constitutional orbit. Red, White, and Kind of Blue? is a comparative legal analysis of this creeping Americanization, as well as a probing examination of the costs and benefits that come with it. Comparing British, Canadian, and American constitutional traditions, David Schneiderman offers a critical perspective on the Americanization of Canadian constitutional practice and a timely warning about its unexamined consequences.

During President Barack Obama's first term in office, the United States expanded its military presence in Afghanistan and increased drone missile strikes across Pakistan, Yemen, and Somalia. The administration also deployed the military to combat piracy in the Indian Ocean, engaged in a sustained bombing operation in Libya, and deployed U.S. Special Forces in Central Africa to capture or kill Joseph Kony. In these cases, President Obama decided to use force without congressional approval. Yet, this increased executive power has not been achieved simply by the presidential assertion of such powers. It has also been supported by a group of senators and representatives who, for political reasons that stem from constant campaigning, seek to avoid responsibility for military action abroad. In this revealing book, Ryan C. Hendrickson examines President Obama's use of force in his first term with four major case studies. He demonstrates that, much like his predecessors, Obama has protected the executive branch's right not only to command, but also to determine when and where American forces are deployed. He also considers the voting records of Democrat John Kerry and Republican John McCain in the Senate, detailing how both men have played leading roles in empowering the commander-in-chief while limiting Congress's influence on military decision-making. Obama at War establishes that the imperial presidency poses significant foreign policy risks, and concludes with possible solutions to restore a more meaningful balance of power. The first book on the constitutional and political relationship between President Obama and the U.S. Congress and the use of military force, this timely reassessment of war powers provides a lucid examination of executive privilege and legislative deference in the modern American republic.