| Description |
1 online resource |
| Contents |
Introduction -- Can "necessitous men" ever be politically free? -- Constitutionalizing necessity through suspension -- Normalizing necessity : from scrutiny to exigency -- Constitutional emergencies inside and out -- Who decides? : interpretation, balance, and the role of courts -- Presidential power and constitutional responsibility -- Identity, freedom, and constitutional constraint. |
| Summary |
"This book is rooted in the post-9/11 debate over the scope of the president's authority to react to perceived emergency. One side argues for unbounded and unilateral executive authority, and the other a recommitment to rights, subject to circumstantial limits. Almost all sides converge on some variation of the idea that during emergencies the laws must give way (they just disagree over when and how they give way), that the constitution is not a 'suicide pact,' and that executive officials must be given leeway to act against the law, even if subject to post-hoc accountability. None of these arguments adequately address how they rely on prioritizing necessity in constitutional thought. The author contends that legal actors and scholars often misunderstand the role that necessity plays within liberal constitutionalism, thinking that it provides an excuse for jettisoning commitments to constitutional principles and values and therefore justifying legally unconstrained government action"-- Provided by the publisher. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Executive power -- United States.
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War and emergency powers -- United States.
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Constitutional law -- United States.
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POLITICAL SCIENCE / Political Process / General. |
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War and emergency powers |
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Constitutional law |
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Executive power |
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United States https://id.oclc.org/worldcat/entity/E39PBJtxgQXMWqmjMjjwXRHgrq |
| Other Form: |
Print version: Crocker, Thomas P. (Thomas Preston). Overcoming necessity. New Haven ; London : Yale University Press, [2020] 0300181612 (DLC) 2019951388 (OCoLC)1121602280 |
| ISBN |
030018221X electronic book |
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9780300182217 (electronic bk.) |
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9780300181616 hardcover |
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