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Overcoming necessity : emergency, constraint, and the meanings of American constitutionalism

Author: Thomas P Crocker
Publisher: New Haven ; London : Yale University Press, [2020] ©2020
Edition/Format:   Print book : EnglishView all editions and formats
Summary:
"This book is rooted in the post-9/11 debate over the scope of the president's authority to react to perceived emergency. One side argues for unbounded and unilateral executive authority, and the other a recommitment to rights, subject to circumstantial limits. Almost all sides converge on some variation of the idea that during emergencies the laws must give way (they just disagree over when and how they give way),  Read more...
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Document Type: Book
All Authors / Contributors: Thomas P Crocker
ISBN: 0300181612 9780300181616
OCLC Number: 1121602280
Description: x, 332 pages ; 25 cm
Contents: Introduction --
Can "necessitous men" ever be politically free? --
Constitutionalizing necessity through suspension --
Normalizing necessity : from scrutiny to exigency --
Constitutional emergencies inside and out --
Who decides? : interpretation, balance, and the role of courts --
Presidential power and constitutional responsibility --
Identity, freedom, and constitutional constraint.
Other Titles: Emergency, constraint, and the meanings of American constitutionalism
Responsibility: Thomas P. Crocker.

Abstract:

"This book is rooted in the post-9/11 debate over the scope of the president's authority to react to perceived emergency. One side argues for unbounded and unilateral executive authority, and the other a recommitment to rights, subject to circumstantial limits. Almost all sides converge on some variation of the idea that during emergencies the laws must give way (they just disagree over when and how they give way), that the constitution is not a 'suicide pact,' and that executive officials must be given leeway to act against the law, even if subject to post-hoc accountability. None of these arguments adequately address how they rely on prioritizing necessity in constitutional thought. The author contends that legal actors and scholars often misunderstand the role that necessity plays within liberal constitutionalism, thinking that it provides an excuse for jettisoning commitments to constitutional principles and values and therefore justifying legally unconstrained government action"--

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"Crocker establishes that power-grabs by individual presidents are only symptoms of deeper dilemmas involved in sustaining the rule of law. His remarkably incisive analysis provides essential tools Read more...

 
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