Targeting Americans: The Constitutionality of the U.S. Drone War by H. Jefferson PowellTargeting Americans: The Constitutionality of the U.S. Drone War by H. Jefferson Powell

Targeting Americans: The Constitutionality of the U.S. Drone War

byH. Jefferson Powell

Hardcover | April 27, 2016

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Targeting Americans: The Constitutionality of the U.S. Drone War focuses on the legal debate surrounding drone strikes, the use of which has expanded significantly under the Obama Presidency as part of the continuing war against terror. Despite the political salience of the legal questionsraised by targeted killing, the author asserts that there has been remarkably little careful analysis of the fundamental legal question: the constitutionality of the policy. From a position of deep practical expertise in constitutional issues, Prof. Powell provides a dispassionate and balanced analysis of the issues posed by U.S. targeted killing policy, using the killing of Anwar al-Awlaki in September 2011 as a focus for discussion. While Powell concludes that theal-Awlaki strike was constitutional under 2001 legislation, he rejects the Obama administration's broader claims of authority for its drone policies. Furthermore, he argues, citizens acting as combatants in al-Qaeda and associated groups are not entitled to due process protections: by due processstandards, the administration's procedures are legally inadequate. A fundamental theme of the book is that the conclusion that an action or policy is constitutional should not be confused with claims about its wisdom, morality, or legality under international norms. Part of the purpose of constitutional analysis is to draw attention to these other normativeconcerns and not, as is too often the case, to occlude them.
H. Jefferson Powell is Professor of Law at Duke University. He is a prolific legal scholar and has written extensively on how constitutional concerns bear on other legal fields such as intellectual property and national security. He has taken sabbaticals from teaching during the Clinton and Obama administrations to serve as a Deputy As...
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Title:Targeting Americans: The Constitutionality of the U.S. Drone WarFormat:HardcoverDimensions:256 pages, 8.25 × 5.5 × 0.98 inPublished:April 27, 2016Publisher:OUPLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0190492848

ISBN - 13:9780190492847

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Table of Contents

Introduction1. The Constitutional History of the War on Terror2. How to Think Constitutionally3. The War Powers of the United States Government4. The Killing of Anwar al-Awlaki: A Constitutional Analysis5. Targeted Killing and the Future: Three SpeculationsConclusionIndex