Is The President A Traitor? A Legal Analysis,
Brooklyn Law School
Is The President A Traitor? A Legal Analysis, Noah Kupferberg
Faculty Scholarship
No abstract provided.
Apple Pie Propaganda? The Smith–Mundt Act Before And After The Repeal Of The Domestic Dissemination Ban,
Northwestern Pritzker School of Law
Apple Pie Propaganda? The Smith–Mundt Act Before And After The Repeal Of The Domestic Dissemination Ban
Northwestern University Law Review
For over sixty years, the Smith–Mundt Act prohibited the U.S. Department of State and the Broadcasting Board of Governors (BBG) from disseminating government-produced programming within the United States over fears that these agencies would “propagandize” the American people. However, in 2013, Congress abolished the domestic dissemination ban, which has led to a heated debate about the role of the federal government in free public discourse. Although the 2013 repeal of the domestic dissemination ban promotes greater government transparency and may help counter anti-American sentiment at home, it also gives the federal government great power to covertly influence public opinion. To …
Mamie Eisenhower,
Chapman University
Mamie Eisenhower
UPI – Personalities
Mrs. Mamie Eisenhower, widow of U.S. President Dwight Eisenhower, spends a quiet moment near a portrait of her husband that was installed in Dwight D. Eisenhower Hall, a newly-completed red brick activities center for cadets at the U.S. Military Academy at West Point May 30. She was present for opening ceremonies for the $22.3 million complex.
Echoes Of 9/11: Rhetorical Analysis Of Presidential Statements In The "War On Terror",
University of the District of Columbia School of Law
Echoes Of 9/11: Rhetorical Analysis Of Presidential Statements In The "War On Terror", Bruce Ching
Journal Articles
This article examines persuasive statements by Presidents George W. Bush, Barack Obama, and Donald Trump involving appeals to national identity as a rhetorical foundation for anti-terrorism policy since 9/11. Their specific rhetorical methods have included the use of memorable catchphrases, alliteration, metaphorical framing, and contrast between values of the United States and those of the terrorists. President Bush focused on rallying the nation’s response against the perpetrators of the 9/11 attacks, identifying the U.S. with “freedom itself” and invoking the phrase “War on Terror.” President Obama emphasized the importance of the nation’s values while denouncing the Bush administration’s torture of …
Oligarchy, State, And Cryptopia,
Fordham Law School
Oligarchy, State, And Cryptopia
Fordham Law Review
Theoretical accounts of power in networked digital environments typically do not give systematic attention to the phenomenon of oligarchy—to extreme concentrations of material wealth deployed to obtain and protect durable personal advantage. The biggest technology platform companies are dominated to a singular extent by a small group of very powerful and extremely wealthy men who have played uniquely influential roles in structuring technological development in particular ways that align with their personal beliefs and who now wield unprecedented informational, sociotechnical, and political power. Developing an account of oligarchy and, more specifically, of tech oligarchy within contemporary political economy therefore has …
The Limits Of Executive Power,
American University Washington College of Law
The Limits Of Executive Power
American University Law Review
Justice Jackson’s concurring opinion in The Steel Seizure Case has taken on iconic status among legal scholars and had been adopted by the Supreme Court as the governing framework for evaluating presidential power. But Jackson’s principles are conclusory, do not rest on any historical foundation, and raise as many questions as they answer. He fails to examine, much less justify, the existence or scope of implied presidential powers, nor does he meaningfully explain the extent to which those powers are subject to congressional regulation and override. I apply novel originalist methodologies to answer those unexamined questions, with important consequences to …
The Good Officer: President Trump, General Milley, And The “Necessity” Of Constitutional Fidelity,
Brooklyn Law School
The Good Officer: President Trump, General Milley, And The “Necessity” Of Constitutional Fidelity
Brooklyn Law Review
Actions taken by General Mark Milley, the former Chairman of the Joint Chiefs of Staff, to prevent an abuse of presidential power during the waning days of the Trump administration prompted a range of reactions and concerns. This Article leverages these events to explore the circumstances under which a member of the armed forces or senior executive branch official may have a moral or legal right or duty to disobey presidential orders or authorizations that entail a clear violation of the Constitution or federal laws, or that abuse lawful authorities in ways that would subvert the Constitution’s text or vital …
The Power To Declare Peace,
Pepperdine University
The Power To Declare Peace
Pepperdine Law Review
The Constitution gives Congress the power “to declare War.” The meaning of that grant of power is much debated, but its converse is much neglected: To whom does the Constitution assign the power to declare peace? This Article comprehensively examines the Constitution’s various assignments of the power(s) to make peace—constitutional powers to end, as a practical matter and as a binding legal matter, a prior legal condition of war. Both the President and Congress possess several such powers. The President has the power, with the advice and consent of two-thirds of the Senate, to make treaties, including peace treaties that …
Emergency Powers Of The Executive: The President’S Authority When All Hell Breaks Loose,
Cleveland State University
Emergency Powers Of The Executive: The President’S Authority When All Hell Breaks Loose
Journal of Law and Health
Within the perspective of Hamilton‘s admonition against limiting executive authority, this Article endeavors to generally discuss the historical and recent separation of powers issues arising with an active executive branch. Part II gives a brief overview of executive powers and their limitations: first discussing what actions are strictly executive in character, and then presenting Congress‘ attempts to question the executive‘s emergency powers and addressing the Judicial branch‘s struggle with finding a balance between judicial oversight and political question doctrine. Part III reviews specifically enumerated powers of the executive in emergencies where executive action is justified by the constitution, such as …
Broken Nest: Deterring China From Invading Taiwan,
US Army War College
Broken Nest: Deterring China From Invading Taiwan
The US Army War College Quarterly: Parameters
Deterring a Chinese invasion of Taiwan without recklessly threatening a great-power war is both possible and necessary through a tailored deterrence package that goes beyond either fighting over Taiwan or abandoning it. This article joins cutting-edge understandings of deterrence with empirical evidence of Chinese strategic thinking and culture to build such a strategy.
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