The two Supreme Court cases in the discussion ask for comments on the president’s power to authorize military commissions to handle trials of detainees at the Guantanamo Bay Military base. You can re-read pages 656-657 in your text.
Discuss the importance of the Hamdan v. Rumsfield (2006) case, which narrowed the president’s authority to act unilaterally, and the case of Boumediene v. Bush (2008), which ruled on the Military Commission Act of 2006. Boumediene is found in your text on page 669.
https://www.justice.gov/archive/ll/highlights.htm
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Chapter 15: Security and Freedom in Wartime
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Yoo, John
Publication Information:
Chicago : University of Chicago Press. 2005
Resource Type:
eBook.
Description:
Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration’s response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration’s decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton’s intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very
different powers, requiring them to negotiate the country’s foreign policy. Yoo roots his
controversial analysis in a brilliant reconstruction of the original understanding of the
foreign affairs power and supplements it with arguments based on constitutional text,
structure, and history. Accessibly blending historical arguments with current policy
debates, The Powers of War and Peace will no doubt be hotly debated. And while the
questions it addresses are as old and fundamental as the Constitution itself, America’s
response to the September 11 attacks has renewed them with even greater force and
urgency.“Can the president of the United States do whatever he likes in wartime without
oversight from Congress or the courts? This year, the issue came to a head as the Bush
administration struggled to maintain its aggressive approach to the detention and
interrogation of suspected enemy combatants in the war on terrorism. But this was also
the year that the administration’s claims about presidential supremacy received their most
sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New
York Times “Yoo’s theory promotes frank discussion of the national interest and makes it
harder for politicians to parade policy conflicts as constitutional crises. Most important,
Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David
B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review
Utley, R. E.
Publication Information:
Farnham : Routledge. 2011
Resource Type:
eBook.
Description:
Ten years on, what have been the principal impacts of the terrorist attacks of 11
September 2001 on the external policies and international outlooks of the world’s major
powers, the range and scope of the international security agenda and on the capacity for
states and international organisations to work together to combat the dangers of
international terrorism? This book investigates a range of international responses to the
events of 9/11, to evaluate their consistency over time; to analyse their long-term
significance and impact and to consider both their implications for the international
security agenda and the prospects for international cooperation in addressing the
challenges posed. In particular, the book considers the perspectives of some of the
world’s major powers and international organisations on the question of international
terrorism, and on its perpetrators, comparing their interpretations and responses and
examining how these have changed over the course of a decade of conflict. This book is
primarily directed at an academic market, and especially towards undergraduate and
taught postgraduate students on courses in international politics, international relations,
security studies, terrorism studies, and contemporary international history.

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