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.

The resilience of democratic institutions in Britain, Australia and the United States under conditions of total war

To what extent are democratic institutions resilient when nation states mobilise for war? Normative and empirical political theorists have long argued that wars strengthen the executive and threaten constitutional politics. In modern democracies, national assemblies are supposed to hold the executive to account by demanding explanations for events and policies; and by scrutinising, reviewing and, if necessary, revising legislative proposals intended to be binding on the host society or policies that have been implemented already. This article examines the extent to which the British and Australian parliaments and the United States Congress held their wartime executives to account during World War II. The research finds that under conditions approaching those of total war, these democratic institutions not only continued to exist, but also proved to be resilient in representing public concerns and holding their executives to account, however imperfectly and notwithstanding delegating huge powers. In consequence, executives—more so British and Australian ministers than President Roosevelt—were required to be placatory as institutional and political tensions within national assemblies and between assemblies and executives continued, and assemblies often asserted themselves. In short, even under the most onerous wartime conditions, democratic politics mattered and democratic institutions were resilient.

Rethinking crises and the accretion of executive power: the “War on Terror” and conditionality evidence from seven political systems

External shocks to democratic systems are likely to threaten the stability of relations between the executive and the representative assembly. This article investigates the impact of the so-called “war on terror” on executive-assembly relations in comparative perspective. We analyze data from seven countries, which varied in terms of form of government, level of democracy, culture, social structure, and geographic location, to evaluate its effects. We find that whereas in some systems the “war on terror” altered the balance of power between the executive and the assembly, in other cases the extant balance of power was preserved. We postulate various conditions under which the constitutionally sanctioned balance of power is most likely to be preserved in times of crisis.

Reflections on conducting research on the ‘war on terror’: religious identity, subjectivity and emotions

In recent years there has been an increase in literature which has explored the insider/outsider position through ethnic identities. However, there remains a neglect of religious identities, even though it could be argued that religious identities have become increasingly important through being prominent in international issues such as the ‘war on terror’ and the Middle East conflict. Through drawing on the concept of subjectivity, I reflect on research I conducted on the impact of the ‘war on terror’ on British Muslims. I explore the space between the insider/outsider position demonstrating how my various subjectivities – the ‘non-Islamic appearance I’, the ‘Muslim I’, the ‘personal I’, the ‘exploring I’, the ‘Kashmiri I’ or the ‘Pakistani I’, the ‘status I’ and the ‘outsider I’ – assisted in establishing trust, openness and commonality. I conclude by demonstrating how the ‘emotional I’ allowed me to manage my own emotions and participants emotions.

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’.

Citizenship, belonging and attachment in the ‘war on terror’

The ‘war on terror’ has had an enormous impact on citizens’ legal rights and legal status. Using data from interviews with British Pakistani Kashmiri Muslims, this paper explores how the change to citizens’ legal rights and legal status in the ‘war on terror’, the legal dimension of citizenship, has impacted the psychological dimension of citizenship. Through denoting legal rights, equality and status the study revealed the powerful role of the state and the police in shaping citizens’ perceptions of the legal dimension of citizenship. The paper explores how changes to participants’ perceptions of their legal status and legal rights are instrumental in shaping the psychological dimension of citizenship—participants’ sense of loyalty, belonging and attachment to their British identity and their Islamic identity.