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.

Providing User Security Guarantees in Public Infrastructure Clouds

The infrastructure cloud (IaaS) service model offers improved resource flexibility and availability, where tenants - insulated from the minutiae of hardware maintenance - rent computing resources to deploy and operate complex systems. Large-scale services running on IaaS platforms demonstrate the viability of this model; nevertheless, many organizations operating on sensitive data avoid migrating operations to IaaS platforms due to security concerns. In this paper, we describe a framework for data and operation security in IaaS, consisting of protocols for a trusted launch of virtual machines and domain-based storage protection. We continue with an extensive theoretical analysis with proofs about protocol resistance against attacks in the defined threat model. The protocols allow trust to be established by remotely attesting host platform configuration prior to launching guest virtual machines and ensure confidentiality of data in remote storage, with encryption keys maintained outside of the IaaS domain. Presented experimental results demonstrate the validity and efficiency of the proposed protocols. The framework prototype was implemented on a test bed operating a public electronic health record system, showing that the proposed protocols can be integrated into existing cloud environments.