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.

The 'emotionalization of the 'war on terror'': counter-terrorism, fear, risk, insecurity and helplessness

The ‘war on terror’ has marked the existence of exceptional measures involving military action abroad and the introduction of counter-terrorism legislation in the United Kingdom. Within this context fear, risk and insecurity have been intrinsic in legitimizing the measures created as being necessary to maintain national security. This article presents the findings from a study investigating the impact of the ‘war on terror’ on British Muslims’ emotions. The study revealed how facets of the ‘war on terror’, including ‘human rights and policing’, ‘What if? and pre-emption’, ‘geopolitics and reflexive fear and risk’ and ‘fear from inside the binary’ impacted participants’ emotions. Through exploring how thepolicy measures implemented in the ‘war on terror’ have influenced British Muslims’ emotions, the article takes a small step in addressing the analytical gap in criminological research on emotions in the ‘war on terror’.

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.

Protecting children from sex offenders online: when strangers become 'virtual friends'

This article describes findings from research funded by the Metropolitan Police and Crimestoppers which aimed to explore children's online experiences. A non-random, stratified sample of 200 London school children aged 10- 13 participated in focus groups. Preliminary findings are also presented from unpublished ongoing PhD research, which seeks to explore sex offender behaviour online and the policing of the internet (Martellozzo, 2005 ongoing). The findings are discussed in the context of sex offender's use of the internet. This research indicates that children do have some basic knowledge about 'stranger danger' but are not necessarily applying these lessons to cyberspace. The children in this study had sufficient awareness to not give personal details to strangers on the internet, and would not arrange to meet them. However, they made a distinction between 'strangers' and 'virtual friends' and this is an important point. Preliminary findings also highlight the difficulty of policing the internet and serve to illustrate the manner in which the Sexual Offences Act 2003 is applied to internet sexual offending in practice.

Congressional acquiescence to presidentialism in the US ‘War on Terror’

Congressional dominance theory holds that not only can the US Congress control the executive, it does. The terrorist attacks on New York and Washington on 11 September 2001 and the Bush administration's ensuing global 'war on terror' suggest a different result. Bush's response to 9/11 signalled not only new directions in US foreign and domestic policy but a new stage in the aggrandisement of presidential power in the United States and a further step in the marginalisation of the Congress. Informed by a constitutional doctrine unknown to the framers of the US Constitution, the Bush administration pursued a presidentialist or 'ultra-separationist' governing strategy that was disrespectful to the legislature's intended role in the separated system. Using its unilateral powers, in public and in secret, claiming 'inherent' authority from the Constitution, and exploiting the public's fear of a further terrorist attack and of endangering the lives of US troops abroad, the administration skilfully drove its legislation through the Congress. Occasionally, the Congress was able to extract concessions - notably in the immediate aftermath of 9/11, when partisan control of the government was split - but more typically, for most of the period, the Congress acquiesced to administration demands, albeit with the consolation of minor concessions. The administration not only dominated the lawmaking process, it also cowed legislators into legitimating often highly controversial (and sometimes illegal) administration-determined definitions of counter-terrorism and national security policy. Certainly, the Congress undertook a considerable amount of oversight during the period of the 'war on terror'; lawmakers also complained. But the effects on policy were marginal. This finding held true for periods of Democratic as well as Republican majorities.

Tackling the terrorists: the experience of internment without trial in Northern Ireland

In August 1971, the devolved Stormont administration in Northern Ireland introduced internment without trial of those suspected of involvement in IRA terrorism. Ever since, the policy has been regarded as an abject failure. This article will reassess many of the key questions about internment: why did the Northern Ireland government introduce it when it did? Why did the Westminster government agree to a measure without parallel in British peacetime history? Why did it fail, when it had worked before? Was internment always doomed, or only because it was badly implemented? What was the alternative? How does the liberal democratic state defend itself against violent subversion without itself resorting to brutality and violence? This article is based on archival research in Great Britain, Northern Ireland and the Republic of Ireland, and on interviews with former internees, politicians and civil servants, and former members of the security forces. It suggests that internment was a relatively humane and honest policy and might, in different circumstances, have spared Northern Ireland thirty years of murder and mayhem.

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.