9/11 sources supporting Bush Admin.
SCHROEDER at law.duke.edu
Sun Jun 18 16:57:07 PDT 2006
The e mails from Marty and Gordon in response to Mary's question about
sources supporting President Bush's position on the war on terror point
out an ambiguity as to just what constitutes President Bush's "position
on 'the war on terror.'" If the phrase refers to the view that the
President possesses substantial commander in chief or emergency powers
that the Congress cannot prohibit him from exercising -- which is the
position to which Marty's e mail responds -- then to my knowledge the
sources are the limited ones to which his e mail refers. Gordon's
citation of Jack Goldsmith's work is appropriate if the position being
referred to are the softer positions that the President possesses
substantial powers of initiative for which he does not need prior
Congressional authorization, or that the President ought to be given
substantial latitude through generous interpretations of legislation
that Congress has enacted. I am unaware of Goldsmith embracing the
stronger position that Marty's e mail references, however. On the other
hand, if Mary's question means to refer to the softer positions just
named, then there are a lot of additional references that support these
positions at least as a general matter, including some works by Jeff
Powell as well as a book manuscript by Eric Posner and Adrian Vermeule.
The softer positions, however, are hardly President Bush's alone; a
number of presidents have taken views quite similar.
>>> "Gordon Silverstein" <gsilver at berkeley.edu> 6/18/2006 3:17 PM >>>
Among the more thoughtful on that side of the debate is Jack Goldsmith
vibrant Bush supporter and Bush Admin appointee who eventually broke
Admin and left for Harvard Law School.
See, for example:
"Congressional Authorization and the War on Terrorism" - 118 Harvard
Review (May 2005)
"The New Formalism and the War on Terrorism" - 70 Univ of Colorado Law
"The Constitutional Validity of Military Commissions" with Curtis
The Green Bag (2002)
Department of Political Science
The University of California, Berkeley
email: gsilver at berkeley.edu
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Mary Dudziak
Sent: Saturday, June 17, 2006 3:49 PM
To: conLAWPROF at lists.ucla.edu
Subject: 9/11 sources supporting Bush Admin.
For a published bibliography on law & war since 1920, if you could cite
just two or three sources, what are the sources you would most
readers *supporting* the Bush Admin. position on the "war on terror."
got John Yoo's book, The Powers of War and Peace, in my presidential
section, and the Harv. J. on Law & Public Policy special issue w/ Viet
Dihn's forward elsewhere. I would appreciate other recommendations,
books and articles.
Mary L. Dudziak 2006-07 Address
Judge Edward J. and Ruey L. Guirado Professor 34 High
of Law, History and Political Science
University of Southern California Law School 781.784.2868
Los Angeles, CA 90089-0071 fax: 781.784.8373
e-mail: mdudziak at law.usc.edu
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