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Targeting Americans: The Constitutionality of the U.S. Drone War

H. Jefferson Powell ; foreword by Philip Bobbitt
Format
Book
Published
New York, NY : Oxford University Press, [2016]
Language
English
ISBN
9780190492847, 0190492848
Summary
"[This book] focuses on the legal debate surrounding the drone strike, the use of which has expanded significantly under the Obama Presidency as part of the continuing war against terror. Despite the political salience of the legal questions raised by targeted killing, the author asserts that there has been remarkably little careful analysis of the fundamental legal question: the constitutionality of the policy. From a position of deep practical expertise in constitutional matters, Prof. Powell provides a dispassionate and balanced analysis of the issues posed by U.S. targeted killing policy, using the killing of Anwar al-Awlaki in September, 2011 as a focus for discussion. While Powell concludes that the al-Awlaki strike was constitutional under 2001 legislation, he rejects the Obama administration's broader claims of authority for its drone policies. Furthermore, he argues, citizens acting as combatants in al-Qaeda and associated groups are not entitled to due process protections: by due process standards, the administration's procedures are legally inadequate. A fundamental theme of the book is that the conclusion that an action or policy is constitutional should not be confused with claims about its wisdom, morality, or legality under international norms. Part of the purpose of constitutional analysis is to draw attention to these other normative concerns and not, as is too often the case, to occlude them." -- Book jacket
Contents
  • The constitutional history of the war on terror
  • How to think constitutionally
  • The war powers of the U.S. government
  • The killing of Anwar al-Awlaki: a constitutional analysis
  • Targeted killing and the future: three speculations.
Description
xxxiv, 229 pages ; 22 cm
Notes
Includes bibliographical references and index.
Technical Details
  • Access in Virgo Classic
  • Staff View

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    a| Targeting Americans : b| the constitutionality of the U.S. drone war / c| H. Jefferson Powell ; foreword by Philip Bobbitt.
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    a| New York, NY : b| Oxford University Press, c| [2016]
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    a| xxxiv, 229 pages ; c| 22 cm
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    a| text b| txt 2| rdacontent
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    a| volume b| nc 2| rdacarrier
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    a| Includes bibliographical references and index.
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    a| The constitutional history of the war on terror -- How to think constitutionally -- The war powers of the U.S. government -- The killing of Anwar al-Awlaki: a constitutional analysis -- Targeted killing and the future: three speculations.
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    a| "[This book] focuses on the legal debate surrounding the drone strike, the use of which has expanded significantly under the Obama Presidency as part of the continuing war against terror. Despite the political salience of the legal questions raised by targeted killing, the author asserts that there has been remarkably little careful analysis of the fundamental legal question: the constitutionality of the policy. From a position of deep practical expertise in constitutional matters, Prof. Powell provides a dispassionate and balanced analysis of the issues posed by U.S. targeted killing policy, using the killing of Anwar al-Awlaki in September, 2011 as a focus for discussion. While Powell concludes that the al-Awlaki strike was constitutional under 2001 legislation, he rejects the Obama administration's broader claims of authority for its drone policies. Furthermore, he argues, citizens acting as combatants in al-Qaeda and associated groups are not entitled to due process protections: by due process standards, the administration's procedures are legally inadequate. A fundamental theme of the book is that the conclusion that an action or policy is constitutional should not be confused with claims about its wisdom, morality, or legality under international norms. Part of the purpose of constitutional analysis is to draw attention to these other normative concerns and not, as is too often the case, to occlude them." -- Book jacket
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    0
    a| War and emergency powers z| United States.
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    0
    a| Targeted killing z| United States.
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    a| Constitutional law z| United States.
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    a| National security x| Law and legislation z| United States.
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    a| State crimes x| Law and legislation z| United States.
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    a| Drone aircraft x| Law and legislation z| United States.
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    a| Targeted killing x| Moral and ethical aspects.
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    a| Counterinsurgency z| United States.
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