Law

American Presidential Power and the War on Terror: Does the Constitution Matter?

By Justin Deplato
Palgrave Macmillan September 2015

Specifications

ISBN-13
9781137539618
Publisher
Palgrave Macmillan
Publication
September 2015
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book examines the use of presidential power during the War on Terror.

Justin DePlato joins the debate on whether the Constitution matters in determining how each branch of the federal government should use its power to combat the War on Terror. The actions and words of Presidents George W. Bush and Barack Obama are examined. DePlato's findings support the theory that executives use their own prerogative in determining what emergency powers are and how to use them.

According to DePlato, the Presidents argue that their powers are implied in Article II of the Constitution, not expressed. This conclusion renders the Constitution meaningless in times of crisis. The author reveals that Presidents are becoming increasingly cavalier and that the nation should consider adopting an amendment to the Constitution to proffer expressed executive emergency powers.

Table of Contents

1. The Era of a War on Terror
2. The Founders' Reasons and Justifications for Presidential Emergency Power
3. President G W Bush and the Hyper Unitary Approach to Waging the War on Terror
4. President Obama, the Nobel Peace Prize and Drone Assassinations
5. The Republic is in Danger
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