Presidential power and congressional acquiescence in the "war" on terrorism: a new constitutional equilibrium?

US presidents have expanded executive power in times of war and emergency,sometimes aggressively so. This article builds on the application of punctuated equilibria theory by Burnham (1999 and Ackerman (1999). Underpinning this theory is the notion that rapid changes in - or external shocks to - domestic and international society impose new and insistent demands on the state. In so doing, they produce important and decisive moments of institutional mobilization and creativity, disrupt a pre-existing, relatively stable, equilibrium between the Congress and the president, and precipitate decisions or nondecisions by the electorate and political leaders that define the contours for action when the next crisis or external shock occurs. The article suggests that the combination of President George W. Bush's presidentialist doctrine, 9/11 and the 'war' on terror has consolidated a new, constitutional equilibrium. While some members of Congress contest the new order, the Congress collectively has acquiesced in its own marginalization. The article surveys a wide range of executive power assertions and legislative retreats. It argues that power assertions generally draw on precedent: on, for example, a tradition of wartime presidential extraconstitutional leadership extending to presidents, such as John Adams and Abraham Lincoln,as well as to Cold War and post-Cold War presidentialism.

Symposium: Editing Political Diaries

The witness seminar was held in December 1991 at the Institute of Historical Research in London. It examined some of the key issues surrounding the editing of political diaries, including what to edit, the motivation of the diarist and the value of diaries to historians. Peter Catterall of the ICBH was in the chair. The three principal speakers were Ruth Winstone, editor of Tony Benn's diaries, David Brooks, editor of the diary of Sir Edward Hamilton, and John Barnes, co‐editor with David Nicholson, of the diary of Leo Amery. Other contributors included Jad Adams (biographer of Tony Benn), Kathleen Burk (co‐author of a study of the 1976 IMF crisis), Philip Williamson (editor of the diary of William Bridgeman), M.R.D. Foot (an editor of the Gladstone diaries), and Stuart Ball (editor of the diary of Sir Cuthbert Headlam).