Power and Constraint: The Accountable Presidency After 9/11

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W. W. Norton & Company, Mar 12, 2012 - Political Science - 336 pages
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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.


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POWER AND CONSTRAINT: The Accountable Presidency After 9/11

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Ten years into the war on Islamist terrorism, a Harvard Law professor offers an unconventional take on the growth of presidential power.From the beginning, the Bush administration viewed the 9/11 ... Read full review


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About the author (2012)

Jack Goldsmith is the Henry L. Shattuck Professor of Law at Harvard University. From October 2003 to June 2004 he was assistant attorney general, Office of Legal Counsel. He lives in Newton, Massachusetts.

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