Why has U.S. security policy scarcely changed from the Bush to the Obama administration? National Security and Double Government offers a disquieting answer. Michael J. Glennon challenges the myth that U.S. security policy is still forged by America's visible, "Madisonian institutions"--the President, Congress, and the courts. Their roles, he argues, have become largely illusory. Presidential control is now nominal, congressional oversight is dysfunctional, and judicial review is negligible. This book details the dramatic shift in power that has occurred from the Madisonian institutions to a concealed "Trumanite network"--the several hundred managers of the military, intelligence, diplomatic, and law enforcement agencies who are responsible for protecting the nation and who have come to operate largely immune from constitutional and electoral restraints. Reform efforts face daunting obstacles. Remedies within this new system of "double government" require the hollowed-out Madisonian institutions to exercise the very power that they lack. Meanwhile, reform initiatives from without confront the same pervasive political ignorance within the polity that has given rise to this duality. This book sounds a powerful warning about the need to resolve this dilemma--and the mortal threat posed to accountability, democracy, and personal freedom if double government persists.

National Security and Double Government

Glennon, Michael J.

Foreign & International Law

Oxford University Press

Why has U.S. security policy scarcely changed from the Bush to the Obama administration? National Security and Double Government offers a disquieting answer. Michael J. Glennon challenges the myth that U.S. security policy is still forged by America's visible, "Madisonian institutions" - the President, Congress, and the courts. Their roles, he argues, have become largely illusory. Presidential control is now nominal, congressional oversight is dysfunctional, and judicial review is negligible. The book details the dramatic shift in power that has occurred from the Madisonian institutions to a concealed "Trumanite network" - the several hundred managers of the military, intelligence, diplomatic, and law enforcement agencies who are responsible for protecting the nation and who have come to operate largely immune from constitutional and electoral restraints. Reform efforts face daunting obstacles. Remedies within this new system of "double government" require the hollowed-out Madisonian institutions to exercise the very power that they lack. Meanwhile, reform initiatives from without confront the same pervasive political ignorance within the polity that has given rise to this duality. The book sounds a powerful warning about the need to resolve this dilemma-and the mortal threat posed to accountability, democracy, and personal freedom if double government persists. This paperback version features an Afterword that addresses the emerging danger posed by populist authoritarianism rejecting the notion that the security bureaucracy can or should be relied upon to block it.

A brisk, practical defense of free speech in America's digital public square that calls on the courts to reject the censors' absolutism, enforce enduring First Amendment principles, and restore a vigorous and robust marketplace of ideas.\nA vast censorship regime has smothered America's digital marketplace of ideas, squelching free speech on vital policy issues ranging from public health to electoral politics. Its supporters regard its benefits as morally and politically beyond question. They contend it's carried out by private social media platforms, not governmental authorities. And they insist their partnership is voluntary, not coerced.\nIn Free Speech and Turbulent Freedom, Michael J. Glennon offers a timely and incisive response. The censors are short-sighted, he argues. Quibbling over outdated distinctions misses the real threat--which is the fusion of public and private power into a modern-day cartel able to overleap longstanding constitutional safeguards. American democracy, he argues, rests on a decentralized marketplace of ideas independent of the government. In crisp, trenchant terms, Glennon shows how concrete practical concerns justify protecting admittedly harmful online speech--even speech that advocates violence or embraces hatred or apparent falsehood. The intellectual journey of Justice Oliver Wendell Holmes Jr. from absolutist to skeptic, he suggests, illuminates the value of political pluralism and the perils of the censors' delusory certitude.\nTo safely self-correct, democracy requires open channels of political communication. Glennon calls on the courts to unblock those channels--to measure such speech against enduring First Amendment precepts rather than pliable international norms--and to protect the speech interests not merely of the government and Big Tech, but of all participants in the marketplace of ideas. That includes what's often overlooked: Americans' right to hear. Without robust judicial protection, the specious attractions of censorship--and the absolutist certitude that drives it--will destroy America's marketplace of ideas and, with it, any hope of political self-renewal.

Free Speech and Turbulent Freedom: The Dangerous Allure of Censorship in the Digital Era

Constitutional Law

Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.

Foreign Affairs Federalism: The Myth of National Exclusivity

Sloane, Robert D.

The materials surrounding each simulation are designed to illuminate all sides of the matter at issue. In this way, students are challenged to do what lawyers actually do in a foreign-relations field, including the planning, preparation, and analysis of alternative strategic options, the conduct of negotiations, legislative drafting, and litigation.

Foreign Relations and National Security Law: Cases, Materials and Simulations (American Casebook Series)

Franck, Thomas M.

Reference

West Group

This third edition of Foreign Relations and National Security Law is a fully-updated version of a seminal casebook, containing classic cases from Foster v. Nielsen to Hamdan, penetrating commentary from The Federalist to Louis Fisher, essential excerpts of treaties, statutes, and executive orders, and citations for further study. By addressing the core doctrinal and theoretical issues spanning both the fields of foreign relations law and national security law, the casebook provides ample room for professors to design a course based on those topics most suited for their classroom experience. An annex contains challenging simulations crafted for role-playing or break-out sessions.

Foreign Relations and National Security Law: Cases, Materials, and Simulations (American Casebook)

Murphy, Sean D.

Challenging those who accept or advocate executive supremacy in American foreign-policy making, Constitutional Diplomacy proposes that we abandon the supine roles often assigned our legislative and judicial branches in that field. This book, by the former Legal Counsel to the Senate Foreign Relations Committee, is the first comprehensive analysis of foreign policy and constitutionalism to appear in over fifteen years. In the interval since the last major work on this theme was published, the War Powers Resolution has ignited a heated controversy, several major treaties have aroused passionate disagreement over the Senate's role, intelligence abuses have been revealed and remedial legislation debated, and the Iran-Contra affair has highlighted anew the extent of disagreement over first principles. Exploring the implications of these and earlier foreign policy disputes, Michael Glennon maintains that the objectives of diplomacy cannot be successfully pursued by discarding constitutional interests. Glennon probes in detail the important foreign-policy responsibilities given to Congress by the Constitution and the duty given to the courts of resolving disputes between Congress and the President concerning the power to make foreign policy. He reviews the scope of the prime tools of diplomacy, the war power and the treaty power, and examines the concept of national security. Throughout the work he considers the intricate weave of two legal systems: American constitutional principles and the international law norms that are part of the U.S. domestic legal system.

Constitutional Diplomacy

Princeton University Press

Politics & Social Sciences

Politics & Government

Book by Glennon, Michael J., Lively, Donald E., Haddon, Phoebe A., Roberts, Dorothy E., Weaver, Russell L.

A Constitutional Law Anthology (Anthology Series)

Weaver, Russell L.

Lively, Donald E.

Roberts, Dorothy E.

Haddon, Phoebe A.

Anderson Pub. Co.

How to choose the president was one of the most difficult questions confronted by the drafters of the Constitution. Even now, after more than two hundred years, many Americans are still not sure we have the best system possible or even exactly what the system is. In the spring of 1992, H. Ross Perot posed the most significant third-party challenge for the presidency seen in many years. Barely a day went by without some member of the press unveiling a new, often outlandish possibility about who might become president if Perot threw his electoral votes to another candidate, if Perot threw the election into the House of Representatives, or if the Senate elected a vice president. But the startling realization was always the same: many people found that they knew less than they had though about how the president is chosen when no majority rules. The 2000 Presidential election has raised all of the same questions even more powerfully. In When No Majority Rules: The Electoral College and Presidential Succession, Michael Glennon explains the presidential selection process now followed and suggests ways that it could be reformed. Glennon proposes changing the procedure for selecting members of the electoral college and also identifies some ways for modernizing the procedure for selecting the president in the House of Representatives.

When No Majority Rules: The Electoral College and Presidential Succession

Cq Pr

See the best price to sell, buy, or rent books by Glennon, Michael J.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Glennon, Michael J.

See the best price to sell, buy, or rent books by Glennon, Michael J.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

National Security and Double Government

National Security and Double Government

Free Speech and Turbulent Freedom: The Dangerous Allure of Censorship in the Digital Era

Foreign Affairs Federalism: The Myth of National Exclusivity

Foreign Relations and National Security Law: Cases, Materials and Simulations (American Casebook Series)

Foreign Relations and National Security Law: Cases, Materials, and Simulations (American Casebook)

Constitutional Diplomacy

Constitutional Diplomacy

A Constitutional Law Anthology (Anthology Series)

When No Majority Rules: The Electoral College and Presidential Succession