Preface to ‘Torture by Proxy: International and Domestic Law Applicable to ‘Extraordinary Renditions’”

Preface to ‘Torture by Proxy: International and Domestic Law Applicable to ‘Extraordinary Renditions’”

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The issue of the “imperial presidency,” raised in connection with the Bush administration’s response to the legal issues flowing from the 9/11 attacks, is one that now resonates broadly across the American political landscape: not just with Democrats, but with Republicans too; and not just with lawyers, but with the American public generally. Are the legal powers of the President unlimited in cases of terrorist attacks on the United States? Do the courts and legislatures have a role to play? How relevant is the U.S. Constitution in these instances? The reports, gathered here, compiled by the NYC Bar Association, merit wider distribution. Thus Silkenat and Shulman have brought them together to give readers a clearer sense of what the rule of law really means to Americans. As noted in a New York Times editorial in January 2006: “Nothing in the national consensus to combat terrorism after 9/11 envisioned the unilateral rewriting of more than 200 years of tradition and law by the president embarked on an ideological crusade.” Over the past few years, much lip service has been paid to the phrase “rule of law.” At the same time, the U.S. government has avoided basic rule of law principles by holding prisoners outside the law (off the books and out of Red Cross supervision, off shore or even on U.S. soil but without due process or urgent matter that bears on the security of this country). In these volumes, learned practitioners and scholars argue in favor of adherence to time-tested principles. Each report has a preface that places the material in historical and legal context.

Source Publication

The Imperial Presidency and the Consequences of 9/11: Lawyers React to the Global War on Terrorism

Source Editors/Authors

James R. Silkenat, Mark R. Shulman

Publication Date

2007

Volume Number

2

Preface to ‘Torture by Proxy: International and Domestic Law Applicable to ‘Extraordinary Renditions’”

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