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Law and Long War (08 Edition)

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Synopses & Reviews

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Benjamin Wittes offers the first nonpartisan critique of a crucial front in Americaas war on terrorathe legal battles fought by and among the Bush administration, the U.S. Congress, and the Supreme Court

Six years after the September 11 attacks, America is losing a crucial front in the ongoing war on terror. It is losing not to Al Qaeda but to its own failure to construct a set of laws that will protect the American peopleaits military and executive branch, as well as its citizensain the midst of a conflict unlike any it has faced in the past. Now, in the twilight of President Bushas administration, Brookings Institution fellow Benjamin Wittes offers a vigorous analysis of the troubling legal legacy of the Bush administration as well as that of the U.S. Congress and the Supreme Court. Law and the Long War tells as no book has before the story of how America came to its current impasse in the debate over liberty, human rights, and counterterrorism and draws a road map for how the country and the next president might move forward.

Moving beyond the stale debate between those fixated on the executive branch as the key architect of counterterrorism policy and those who see the judiciary as the essential guarantor of liberty against governmental abuses, Wittes argues that the essential problem is that the Bush administration did not seekaand Congress did not writeanew laws to authorize and regulate the tough presidential actions this war would require. In a line of argument that is sure to spark controversy, Wittes reveals an administration whose most significant failure was not that it was too aggressive in the substance of its action, but rather that it tried to shoulder theburden of aggressiveness on its own without seeking the support of other branches of government. Using startling new empirical research on the detainee population at GuantAnamo Bay, Wittes avers that many of the administrationas actions were far more defensible than its many critics believed and actually warranted congressional support. Yet by resisting both congressional and judicial involvement in its controversial decisions, the executive branch ironically prevented both of those branches from sharing in the political accountability for necessary actions that challenged traditional American notions of due process and humane treatment.

Boldly offering a new way forward, Wittes concludes that the path toward fairer, more accountable rules for a conflict without end lies in the development of new bodies of law covering detention, interrogation, trial, and surveillance. Sure to discomfort and ignite debate, Law and the Long War is the first nonideological argument about a controversial issue of vital importance to all Americans.

Synopsis:

Wittes offers the first nonpartisan critique of a crucial front in America's war on terror--the legal battles fought by and among the Bush administration, the U.S. Congress, and the Supreme Court.

Synopsis:

An authoritative assessment of the new laws of war and a sensible and sophisticated roadmap for the future of liberty in the Age of Terror

America is losing a crucial front in the ongoing war on terror. It is losing not to Al Qaeda, but to its own failure to construct a set of laws that will protect the American people during this global conflict. As debate continues to rage over the legality and ethics of war, Benjamin Wittes enters the fray with a sober-minded exploration of law in wartime that is definitive, accessible, and nonpartisan. Outlining how this country came to its current impasse over human rights and counterterrorism, Law and the Long War paves the way toward fairer, more accountable rules for a conflict without end.

About the Author

Benjamin Wittes is a Fellow and Research Director in Public Law at the Brookings Institution. A former editorial writer for The Washington Post specializing in legal affairs, Wittes currently writes a column for The New Republic online and is a contributing editor for The Atlantic Monthly. He is a member of the Hoover Institution Task Force on National Security and Law.

Table of Contents

Law And The Long War Introduction

One: The Law of September 10

Two: The Administration's Response

Three: The Real Guantanamo

Four: The Necessity and Impossibility of Judicial Review

Five: The Case for Congress

Six: The Twin Problems of Detention and Trial

Seven: An Honest Interrogation Law

Eight: Surveillance Law for a New Century

Conclusion

Acknowledgments

Notes

Index

Product Details

ISBN:
9780143115328
Author:
Wittes, Benjamin
Publisher:
Penguin Books
Subject:
Government - General
Subject:
Legal System
Subject:
Government - U.S. Government
Subject:
Political Freedom & Security - Terrorism
Subject:
Politics-United States Politics
Subject:
Crime-Enforcement and Investigation
Edition Description:
Paperback / softback
Publication Date:
20090531
Binding:
TRADE PAPER
Grade Level:
from 12
Language:
English
Pages:
320
Dimensions:
8.38x5.40x.71 in. .59 lbs.
Age Level:
17-17

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Related Subjects

History and Social Science » Crime » Enforcement and Investigation
History and Social Science » Law » General
History and Social Science » Law » Government » General
History and Social Science » Politics » General

Law and Long War (08 Edition) Used Trade Paper
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Product details 320 pages Penguin Books - English 9780143115328 Reviews:
"Synopsis" by , Wittes offers the first nonpartisan critique of a crucial front in America's war on terror--the legal battles fought by and among the Bush administration, the U.S. Congress, and the Supreme Court.
"Synopsis" by ,
An authoritative assessment of the new laws of war and a sensible and sophisticated roadmap for the future of liberty in the Age of Terror

America is losing a crucial front in the ongoing war on terror. It is losing not to Al Qaeda, but to its own failure to construct a set of laws that will protect the American people during this global conflict. As debate continues to rage over the legality and ethics of war, Benjamin Wittes enters the fray with a sober-minded exploration of law in wartime that is definitive, accessible, and nonpartisan. Outlining how this country came to its current impasse over human rights and counterterrorism, Law and the Long War paves the way toward fairer, more accountable rules for a conflict without end.

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