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.

Short Film about War

A Short film about War is a narrative documentary artwork made entirely from information found on the worldwide web. In ten minutes this two screen gallery installation takes viewers around the world to a variety of war zones as seen through the collective eyes of the online photo sharing community Flickr, and as witnessed by a variety of existing military and civilian bloggers. As the ostensibly documentary 'film' plays itself out, a second screen logs the provenance of images, blog fragments and gps locations of each element comprising the work, so that the same information is simultaneously communicated to the viewer in two parallel formats -on one hand as a dramatised reportage and on the other hand as a text log. In offerring this tautology, we are attempting to explore and reveal the way in which information changes as it is gathered, edited and then mediated through networked communications technologies or broadcast media, and how that changes and distorts meaning -especially for (the generally wealthy minority of) the world's users of high speed broadband networks, who have become used to the treacherously persuasive panoptic view that google earth (and the worldwide web) appears to give us.

Imaginative Mislocation: Hiroshima’s Genbaku Dome, Ground Zero of the Twentieth Century

The controversy that erupted in March over the publication of Charles Pellegrino’s account of the atomic bombings of Japan, The Last Train from Hiroshima, suggests that the historical legacy of the first military use of atomic weaponry is still fiercely contested in the USA. The spat is merely the latest conflict in a long war over the significance of the bombings, which resurfaces with each new book, exhibition or programme that appears. When the ruins of the Genbaku (Atomic Bomb) Dome – formerly the Hiroshima Prefectural Commercial Exhibition Hall – were nominated as a UNESCO World Heritage Site in 1995, the United States objected on the basis of concerns over a ‘lack of historical perspective’, arguing that the ‘events antecedent to the United States’ use of atomic weapons to end World War II are key to understanding the tragedy of Hiroshima’. The appeal to historical facts by both US diplomats and, more recently, military veterans contrasts with the dehistoricized emphasis of other Western cultural responses to Hiroshima. But what both kinds of reception share is an occlusion of the prehistory of capitalist liberalism, colonialism and imperialism which produces Japanese modernity,a prehistory which is itself built into the Genbaku Dome’s concrete structure, and an afterlife of nuclear pacification which produces the global context of terrorism as the continuation of war by other means.

Military objectives in cyber warfare

This Chapter discusses the possible problems arising from the application of the principle of distinction under the law of armed conflict to cyber attacks. It first identifies when cyber attacks qualify as ‘attacks’ under the law of armed conflict and then examines the two elements of the definition of ‘military objective’ contained in Article 52(2) of the 1977 Protocol I additional to the 1949 Geneva Conventions on the Protection of Victims of War. The Chapter concludes that this definition is flexible enough to apply in the cyber context without significant problems and that none of the challenges that characterize cyber attacks hinders the application of the principle of distinction.

Champs de bataille: experiences et imaginaires

This contribution takes as its starting point the original conception of the overall research project which sought to examine the ‘battle’ as an event and a cultural act. It examines the representation of violence by non-combatants – who are in any case implicated in the act of war – as well as by combatants themselves. It does, however, also slightly subvert the original proposition of the war narrative as a historical source, towards the idea of the war narrative as a source of artistic representation, as well as towards the notion of ‘narrative’ understood in its broadest sense, towards visual as well as written narratives. The primary focus is however, a specific site of the violence perpetrated and endured by soldiers, the battlefield. One of the fundamental questions posed by the analysis here concerns the issue of the representation and of the reality of the battlefield, and of the reception of the expression of violence. Is representation in fact the only authentic way to seize and to try to understand violence? These questions, and some of the examples used in the first section dealing with the ‘experience’ of the battlefield, have their origins in work conducted for two decades within the international and interdisciplinary research group, the ‘Group for War and Culture Studies’, and therefore concern the bases of a cultural approach to the study of war. In the second section, the analysis moves from the notion of experience to the work of the imagination with a reading of various battlefields created by the contemporary artist Cozette de Charmoy; these are imaginary battlefields certainly, but ones which viscerally engage the body of the soldier and which seem to enable the reader/spectator to access a collective experience. Finally, the question is raised of whether representation actually becomes performative, if it becomes the experience itself, and a way not to ‘see’ that experience, but to ‘know’ it.