The War Power in an Age of Terrorism Debating Presidential Power

This book features a lively debate between two prominent scholars—Michael A. Genovese and David Gray Adler—on the critical issue of whether the Constitution, written in the 18th Century, remains adequate to the national security challenges of our time. Th

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This series is stimulated by the clash between the presidency as invented and the presidency as it has developed. Over time, the presidency has evolved and grown in power, expectations, responsibilities, and authority. Adding to the power of the presidency have been wars, crises, depressions, industrialization. The importance and power of the modern presidency makes understanding it so vital. How presidents resolve challenges and paradoxes of high expectations with limited constitutional resources is the central issue in modern governance and the central theme of this book series.

More information about this series at http://www.springer.com/series/14437

Michael A. Genovese • David Gray Adler

The War Power in an Age of Terrorism Debating Presidential Power

Michael A. Genovese Political Science Loyola Marymount University Los Angeles California USA

David Gray Adler President, Alturas Institute Alturas, Idaho, USA and Lecturer, University of Idaho College of Law, Idaho Falls, Idaho, USA

The Evolving American Presidency ISBN 978-1-137-59353-5 DOI 10.1057/978-1-137-57931-7

ISBN 978-1-137-57931-7 (eBook)

Library of Congress Control Number: 2016956866 © The Editor(s) (if applicable) and The Author(s) 2017 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Cover illustration: Pattern adapted from an Indian cotton print produced in the 19th century Printed on acid-free paper This Palgrave Macmillan imprint is published by Springer Nature The registered company is Nature America Inc. The registered company address is: 1 New York Plaza, New York, NY 10004, U.S.A.

From Michael This book is dedicated to Gaby, who brought me peace From David This book is dedicated to Tally, who continues to amaze me

PREFACE

AND

ACKNOWLEDGMENTS

In wartime, the Constitution needs all the friends it can get. The fog of war clouds our vision, and we often act before we think. Or we act before we have sufficient information. Thus, we often overreact, or rush to judgment. Such