Presidential Power in Action: Implementing Supreme Court Detainee Decisions PDF
Preview Presidential Power in Action: Implementing Supreme Court Detainee Decisions
The Evolving American Presidency Series Series Foreword: The American Presidency touches virtually every aspect of American and world politics. And the presidency has become, for better or worse, the vital center of the American and global political systems. The Framers of the American government would be dismayed at such a result. As invented at the Philadelphia Constitutional Convention in 1787, the Presidency was to have been a part of a government with shared and overlapping powers, embedded within a separation-of-powers system. If there was a vital center, it was the Congress; the Presidency was to be a part, but by no means, the centerpiece of that system. Over time, the presidency has evolved and grown in power, expectations, responsi- bilities, and authority. Wars, crises, depressions, industrialization, all served to add to the power of the presidency. And as the United States grew into a world power, presi- dential power also grew. As the United States became the world’s leading superpower, the presidency rose in prominence and power, not only in the U.S., but on the world stage. It is the clash between the presidency as invented and the presidency as it has devel- oped that inspired this series. And it is the importance and power of the modern American presidency that makes understanding the office so vital. Like it or not, the American Presidency stands at the vortex of power both within the United States and across the globe. This Palgrave series recognizes that the Presidency is and has been an evolving institu- tion, going from the original constitutional design as a Chief Clerk, to today where the president is the center of the American political constellation. This has caused several key dilemmas in our political system, not the least of which is that presidents face high expectations with limited constitutional resources. This causes presidents to find extra-constitutional means of governing. Thus, presidents must find ways to bridge the expectations/power gap while operating within the confines of a separation-of- powers system designed to limit presidential authority. How presidents resolve these challenges and paradoxes is the central issue in modern governance. It is also the central theme of this book series. Michael A. Genovese Loyola Chair of Leadership Loyola Marymount University Palgrave’s The Evolving American Presidency, Series Editor The Second Term of George W. Bush edited by Robert Maranto, Douglas M. Brattebo, and Tom Lansford The Presidency and the Challenge of Democracy edited by Michael A. Genovese and Lori Cox Han Religion and the American Presidency edited by Mark J. Rozell and Gleaves Whitney Religion and the Bush Presidency edited by Mark J. Rozell and Gleaves Whitney Test by Fire: The War Presidency of George W. Bush by Robert Swansbrough American Royalty: The Bush and Clinton Families and the Danger to the American Presidency by Matthew T. Corrigan Accidental Presidents: Death, Assassination, Resignation, and Democratic Succession by Philip Abbott Presidential Power in Action: Implementing Supreme Court Detainee Decisions by Darren A. Wheeler Presidential Power in Action Implementing Supreme Court Detainee Decisions Darren A. Wheeler PRESIDENTIAL POWER IN ACTION Copyright © Darren A. Wheeler, 2008. Softcover reprint of the hardcover 1st edition 2008 978-0-230-60369-1 All rights reserved. First published in 2008 by PALGRAVE MACMILLAN® in the US—a division of St. Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Where this book is distributed in the UK, Europe and the rest of the world, this is by Palgrave Macmillan, a division of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN 978-1-349-60294-0 ISBN 978-0-230-61473-4 (eBook) DOI 10.1057/9780230614734 Library of Congress Cataloging-in-Publication Data Wheeler, Darren A. Presidential power in action : implementing Supreme Court detainee decisions / by Darren A. Wheeler. p. cm.—(The evolving American presidency) Includes bibliographical references and index. 1. War and emergency powers—United States—Cases. 2. Executive power—United States—Cases. 3. Political prisoners—United States— Cases. 4. Detention of persons—United States—Cases. 5. Constitutional law—United States—Cases. 6. War on Terrorism, 2001— Political aspects. 7. Padilla, Jose, 1970– 8. Hamdi, Yaser Esam, 1980– 9. Hamdan, Salim Ahmed, 1970– I. Title. KF5060.W44 2008 342.73(cid:2)062—dc22 2008004032 A catalogue record of the book is available from the British Library. Design by Newgen Imaging Systems (P) Ltd., Chennai, India. First edition: September 2008 10 9 8 7 6 5 4 3 2 1 Transferred to Digital Printing in 2009 To Stacy Contents Acknowledgments ix List of Abbreviations xi One The War on Terror, Presidential Power, and the Detention of Terror Suspects 1 Two C itizen Abroad or Enemy Combatant?: The Case of Yaser Hamdi 21 Three Wanted in the Homeland: The Case of Jose Padilla 53 Four Detaining Noncitizens: The Case of Shafiq Rasul 85 Five With Military Tribunals for All?: The Case of Salim Hamdan 113 Six Presidential Power, the Judiciary, and the War on Terror 147 Notes 165 Bibliography 187 Index 205 Acknowledgments Completion of any book project is a tall order. It is something that is genuinely a collective effort and that is certainly true in this instance. I would like to thank Michael Genovese and Ryan Barilleaux for pro- viding encouragement and guidance at the outset of this venture. They helped me figure out how my ideas could be put together in a good, solid book project. Their kindness and attention to a young scholar is greatly appreciated. They are both a credit to their profession. I would also like to thank the people at Palgrave MacMillan for their interest in the project and their patience with me through the production process. Several of my colleagues in the Political Science Department at the University of North Florida were kind enough with their time to review and comment on various chapters. Their assistance made the finished project immeasurably better. Thanks go out to Pam Zeiser, Kyle Scott, and Pat Plumlee. I would also like to thank my chair, Matt Corrigan, for doing what he could to minimize other “distractions” while I was finishing up the manuscript. His periodic words of encour- agement were an ongoing reminder that there was indeed a light at the end of the tunnel. Most of the material in this book was presented at various political science conferences over the last two years. I appreci- ate the efforts of the various reviewers and discussants who offered helpful suggestions. I would also like to add last minute thanks to my mother, Dixie Wheeler, and my mother-in-law, Sue Wright, for proof- reading the final manuscript. No author could ask for more thorough and insightful critics. My final thanks go to my parents who instilled in me the belief that I could do anything and be anything that I wanted to be. Special thanks go to my wife Stacy. She reviewed and commented on several chapters, but more importantly was supportive when I spent (very) early mornings and weekends in the office working on this manuscript. This book could not have been completed without her support. Although the contributions of the individuals noted above undoubtedly improved the quality of this book, any errors remain the responsibility of the author alone.
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