EMERGENCY PRESIDENTIAL POWER

Unable to “find a suitable book to use for a new class on emergency presidential power and the war on terror,” Edelson (Government/American Univ.) wrote this one as a primer.

The currently debated issues informing the author's arguments include whether the president can order the deaths of American citizens on his own authority and whether doctrines of state secrecy can be employed to block legal suits completely rather than justify merely withholding evidence, warrantless wiretapping and indefinite detention. Though the evolution has varied, Edelson traces the roots of each issue to the doctrine of executive power espoused by Dick Cheney during the George W. Bush administration, which had its inception under the administration of Richard Nixon after his excesses were reined in. The author provides two valuable contributions, which both preface recent developments and provide context from original historical sources. The scope of presidential power has been a subject of contention throughout the history of the country, and Edelson provides documentation from the Constitutional Convention, the Federalist Papers, and the administrations of George Washington and John Adams. The author examines Lincoln's suspension of habeas corpus at the beginning of the Civil War as well as subsequent cases on the power of military tribunals. The author also looks at cases from the Spanish-American War, the adoption of the Espionage and Sedition acts in 1917, Franklin Roosevelt’s treatment of German saboteurs, and the internment of Japanese-Americans during and after World War II. Edelson provides sources that document both sides of these cases, relates them to the founding documents and discussions, and lays down a foundation from which the current debate about the powers of the presidency can be more clearly understood.

This collection of documents and arguments makes a timely companion to current, ongoing political discussions.