Jump to ContentJump to Main Navigation
Madison's NightmareHow Executive Power Threatens American Democracy$
Users without a subscription are not able to see the full content.

Peter M. Shane

Print publication date: 2009

Print ISBN-13: 9780226749396

Published to Chicago Scholarship Online: March 2013

DOI: 10.7208/chicago/9780226749426.001.0001

Show Summary Details
Page of

PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 28 February 2021

Presidentialism, National Security, and the Breakdown of Government Lawyering

Presidentialism, National Security, and the Breakdown of Government Lawyering

Chapter:
(p.82) 4 Presidentialism, National Security, and the Breakdown of Government Lawyering
Source:
Madison's Nightmare
Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226749426.003.0004

This chapter explores the national security policy making, emphasizing on the “Bush 43” Administration. It argues that presidentialism is likely to degrade the quality of decision making for a special reason, by eroding government attorneys' conscientious attention to the law, which is supposed to operate as a check on abuses of government power. The government's position in defense of warrantless surveillance in violation of Foreign Intelligence Surveillance Act of 1978 (FISA) strongly suggests that the scope for independent judgment was dangerously narrowed. The decisions analyzed in this chapter occurred in a policy making context—national security policy—in which Presidents have not only promoted presidentialism in theory, but in which they have very substantially succeeded, especially in the Bush 43 Administration, in making policy under conditions of secrecy and unaccountability that embody presidentialist assumptions. Guantanamo, Abu Ghraib, and Maher Arar are the real-world fruits of presidentialism.

Keywords:   national security, policy making, Bush 43 Administration, presidentialism, Foreign Intelligence Surveillance Act, Guantanamo, Abu Ghraib, Maher Arar

Chicago Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.