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Legal History - From Chinese Exclusion to Guantánamo Bay: Plenary Power and the Prerogative State

Description

Book Synopsis: Continuous expansion of executive power is igniting national debate: Is the administration authorized to detain people without charges or access to counsel, due process, or a fair trial? Is torture acceptable as long as it doesn't happen on U.S. soil? In a new study of the use of plenary power - the doctrine under which U.S. courts have allowed the exercise of U.S. jurisdiction without concomitant constitutional protection - Natsu Taylor Saito puts contemporary policies in historical perspective, illustrating how such extensions of power have been upheld by courts from the 1880s to the present.

From Chinese Exclusion to Guantánamo Bay also provides a larger context for understanding problems resulting from the exercise of plenary power. Saito explains how the rights of individuals and groups deemed Other by virtue of race or national origin have been violated under both the Constitution and international law. The differing treatment of José Padilla and John Walker Lindh - both Americans accused of terrorism - provides an example of such disparate approaches. Such executive actions and their sanction by Congress and the judiciary, Saito argues, undermine not just individual rights but the very foundations of our national security - democracy and the rule of law.

From Chinese Exclusion to Guantánamo Bay will interest readers concerned with the historical background of constitutional protection in times of war and peace and will provide fascinating new material for scholars, teachers, and students of law, history, and ethnic studies.

Details

Are you concerned about the continuous expansion of executive power and its implications on individual rights and national security? Look no further than the thought-provoking book, "From Chinese Exclusion to Guantánamo Bay: Plenary Power and the Prerogative State". Written by Natsu Taylor Saito, this book offers a comprehensive analysis of the use of plenary power in the United States, tracing its historical roots from the 1880s to the present.

Saito sheds light on the controversial policies that have allowed the detention of individuals without charges or access to counsel, due process, or a fair trial. Through a critical examination of constitutional and international law, the author reveals how the rights of individuals and groups deemed "Other" have been violated throughout history.

An eye-opening example discussed in the book is the disparate treatment of Jose Padilla and John Walker Lindh, both American citizens accused of terrorism. By illustrating such cases, Saito highlights the inconsistent application of plenary power and its far-reaching consequences.

By uncovering the flaws in the system, Saito argues that these executive actions, backed by Congress and the judiciary, not only undermine individual rights but also erode the very foundations of our national security - democracy and the rule of law.

If you are interested in the historical background of constitutional protection in times of war and peace, "From Chinese Exclusion to Guantánamo Bay" is a must-read. Scholars, teachers, and students of law, history, and ethnic studies will find this book a valuable addition to their libraries.

Don't miss out on this opportunity to gain new insights into the exercise of plenary power and its impact on our society. Get your copy of "From Chinese Exclusion to Guantánamo Bay" today and join the national conversation on executive power!

Disclosure: I get commissions for purchases made through links in this website