31 Pages Posted: 25 Jun 2013
Date Written: 2012
This contribution to a tenth anniversary retrospective on 9/11 argues that President Obama's pragmatism in deploying executive power has not provided a strong philosophical counterpoint to the Bush-Cheney embrace of full-throated presidentialism. Written half-way into the first Obama term, the article faults the Obama Administration for not articulating clearly the legal and policy justifications for its more aggressive national security policies, and for doing little to clarify the historical record regarding torture and the use of electronic surveillance under the Bush Administration.
Keywords: Obama, president, separation of powers, democracy
JEL Classification: K1
Suggested Citation: Suggested Citation
Shane, Peter M., The Obama Administration and the Prospects for a Democratic Presidency in a Post-9/11 World (2012). New York Law School Law Review, Vol. 56, 2011/12; Ohio State Public Law Working Paper No. 215. Available at SSRN: https://ssrn.com/abstract=2284286 or http://dx.doi.org/10.2139/ssrn.2284286