Transaction Search Form: please type in any of the fields below.
Date: April 30, 2024 Tue
Time: 12:41 am
Time: 12:41 am
Results for guantanoma bay
1 results foundAuthor: Huq, Aziz Title: The President and the Detainees Summary: Entering the White House in 2009, President Barack Obama committed to closing the military detention facility at Guantanamo Bay in Cuba. Eight years later, the facility remains open. This Article uses the puzzle of why Obama's goal proved so recalcitrant as a case study of separation-of-powers constraints upon presidential power. Deploying a combination of empirical, doctrinal, and positive political science tools, it isolates the salient actors and dynamics that impeded Obama's goal. Its core descriptive finding is that a bureaucratic - legislative alliance was pivotal in blocking the White House's agenda. This alliance leveraged its asymmetrical access to information to generate constraints on the President. The most significant of these constraints operated through political channels; statutory prohibitions with the force of law were of distinctively secondary importance. The analysis, furthermore, sheds light on why individualized judicial review, secured through the mechanism of habeas petitions under the Constitution's Suspension Clause, had scant effect. Contrary to standard approaches to the Constitution's separation of powers, the case study developed here points to the value of granular, retail analysis that accounts for internally heterogeneous incentives and agendas instead of abstract theory that reifies branches as unitary and ahistorical entities. Details: Chicago: University of Chicago Law School, Chicago Unbound, 2017. 98p. Source: Internet Resource: University of Chicago Coase-Sandor Institute for Law & Economics Research Paper No. 793: Accessed April 11, 2017 at: http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=2484&context=law_and_economics Year: 2017 Country: United States URL: http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=2484&context=law_and_economics Shelf Number: 144795 Keywords: Guantanoma BayMilitary DetentionTerrorists |