Permanent state of emergency : unchecked executive power and the demise of the rule of law

In the wake of the attacks of September 11, 2001, the United States launched initiatives that test the limits of international human rights law. The indefinite detention and torture of detainees at Guantánamo Bay, targeted killing, and mass surveillance require an expansion of executive authority that negates the rule of law. In Permanent State of Emergency, Ryan Alford establishes that the ongoing failure to address human rights abuses is a symptom of the most serious constitutional crisis in American history. Instead of curbing the increase in executive power, Congress and the courts facilitated the breakdown of the nation's constitutional order and set the stage for presidential supremacy. The presidency, Alford argues, is now more than imperial: it is an elective dictatorship. Providing both an overview and a systematic analysis of the new regime, he objectively demonstrates that it does not meet even the minimum requirements of the rule of law. At this critical juncture in American democracy, Permanent State of Emergency alerts the public to the structural transformation of the state and reiterates the importance of the constitutional limits of the American presidency.

• Preface p. ix
• Introduction p. 3
• 1 The Minimum Requirements of the Rule of Law p. 12
• 2 The Historical Development of the Rule of Law in the United States p. 30
• 3 Overbroad Authority Given to and Appropriated by the Executive after the 9/11 Attacks p. 65
• 4 The Response of the Judiciary to Executive no Overreaching, 2003-12 p. 110
• 5 Judicial Selection and Executive Branch Dominance p. 158
• 6 Congress's Failure to Exercise Oversight p. 200
• Conclusion p. 240
• Afterword p. 248
• Notes p. 253
• Index p. 315