The law: presidential inherent power: the "sole organ" doctrine.
In a series of confidential memos written after 9/11, later released to the public, the Justice Department wrote: "We conclude that the Constitution vests the President with the plenary authority, as Commander in Chief and the sole organ of the Nation in its foreign relations, to use military force...

Dubai ports world under Exon-Florio: a threat to national security or a tempest in a seaport?
I. INTRODUCTION In January and February of 2006, Congress and the public played a variation of the game "Which of these things does not belong?" This variation instead asked "Which of these transactions does not belong?" The list included a Singaporean company taking over a U.S. telecommunications...

High alert: the government's war on the financing of terrorism and its implications for donors, domestic charitable organizations, and global philanthropy.
TABLE OF CONTENTS INTRODUCTION I. ECONOMIC SANCTIONS--FREEZING ASSETS AND BLOCKING TRANSACTIONS A. Background 1. Statutory Authority for Economic Sanctions 2. Seven Decades of Reliance on TWEA and IEEPA Powers B. Executive Order 13,224 C. Outcomes 1. Background 2. Foreign Terrorist Organizations and SDGTs 3. Blocked Assets 4. Cases Involving...

Causes of Change in National Security Processes: Carter, Reagan, and Bush Decision Making on Arms Control.
The structure of national security decision making at the presidential level is one of the most crucial, yet often neglected, aspects of the study of the presidency. Since the 1980s, neorealist and neoliberal theories that focus on system-level causes of state behavior have become the dominant paradigms for studying...

The War on Terrorism and the modern relevance of the congressional power to "declare war".
Two days after terrorists attacked the World Trade Center and the Pentagon, a Harris poll conducted for Time/CNN reported that nearly two out of three Americans believed that the United States should "declare war." (1) A StrategyOne survey also conducted two days after the attacks found eighty-one percent of...

Of interest and distrust: understanding China's policy towards Japan.
Chinese relations with Japan are characterised by the contradiction of deep distrust on one hand and important interests on the other. This article elaborates upon this contradiction in an attempt to shed light on possible future developments in the bilateral relationship. It applies a perceptual approach in its analysis...

Not ready for campaign time: an on-site dispatch from (argh) the 2000 GOP presidential race.
After the long, dreary contest of 1996, is another presidential campaign under way? Have the candidates gathered their troops, stocked their ammunition, and perfected their cliches? Must we already fight the temptation to look for Dr. Kevorkian's phone number? Relax: The answer is no. The presidential campaign of the...

The politics of bad Feith.
[War and Decision: Inside the Pentagon at the Dawn of the War on Terrorism, Douglas J. Feith, Harper, 688 pages] NEOCONSERVATIVES such as Douglas Feith are not conservatives by any means, despite the label. They are radicals in the vein of French Jacobins, thirsting for utopia and...

The metaphor is the key: cryptography, the Clipper Chip, and the Constitution.
TABLE OF CONTENTS INTRODUCTION 712 I. MODERN CRYPTOGRAPHY: PRIVATE SECURITY, GOVERNMENT INSECURITY 718 A. Who Needs Cryptography? 718 1. Banks, ATM-Users, Electronic Transactors 719 2. Businesses with Commercial and Trade Secrets 722 3. Professionals...

Sovereignty migrates in U.S. and Mexican law: transnational influences in plenary power and non-intervention.
ABSTRACT Mexico and the United States exercise sovereignty that is increasingly transnational and less absolute with respect to migration. This is evident in changes to Mexico's norm of nonintervention and the United States' plenary power doctrine, two doctrines rooted in international sovereignty. Both have historically defined sovereign...