"This book is rooted in the post-9/11 debate over the scope of the president's authority to react to perceived emergency. One side argues for unbounded and unilateral executive authority, and the other a recommitment to rights, subject to circumstantial limits. Almost all sides converge on some variation of the idea that during emergencies the laws must give way (they just disagree over when and how they give way), that the constitution is not a 'suicide pact,' and that executive officials must be given leeway to act ...
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"This book is rooted in the post-9/11 debate over the scope of the president's authority to react to perceived emergency. One side argues for unbounded and unilateral executive authority, and the other a recommitment to rights, subject to circumstantial limits. Almost all sides converge on some variation of the idea that during emergencies the laws must give way (they just disagree over when and how they give way), that the constitution is not a 'suicide pact,' and that executive officials must be given leeway to act against the law, even if subject to post-hoc accountability. None of these arguments adequately address how they rely on prioritizing necessity in constitutional thought. The author contends that legal actors and scholars often misunderstand the role that necessity plays within liberal constitutionalism, thinking that it provides an excuse for jettisoning commitments to constitutional principles and values and therefore justifying legally unconstrained government action"
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Add this copy of Overcoming Necessity: Emergency, Constraint, and the to cart. $3.95, very good condition, Sold by Midtown Scholar Bookstore rated 5.0 out of 5 stars, ships from Harrisburg, PA, UNITED STATES, published 2020 by Yale University Press.
Add this copy of Overcoming Necessity: Emergency, Constraint, and the to cart. $5.00, good condition, Sold by HPB-Red rated 5.0 out of 5 stars, ships from Dallas, TX, UNITED STATES, published 2020 by Yale University Press.
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Good. Connecting readers with great books since 1972! Used textbooks may not include companion materials such as access codes, etc. May have some wear or writing/highlighting. We ship orders daily and Customer Service is our top priority!
Add this copy of Overcoming Necessity: Emergency, Constraint, and the to cart. $5.00, very good condition, Sold by Half Price Books Inc rated 4.0 out of 5 stars, ships from Dallas, TX, UNITED STATES, published 2020 by Yale University Press.
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Very good. Connecting readers with great books since 1972! Used books may not include companion materials, and may have some shelf wear or limited writing. We ship orders daily and Customer Service is our top priority!
Add this copy of Overcoming Necessity: Emergency, Constraint, & the to cart. $9.00, like new condition, Sold by Powell's Books Chicago rated 5.0 out of 5 stars, ships from Chicago, IL, UNITED STATES, published 2020 by Yale University Press.
Add this copy of Overcoming Necessity: Emergency, Constraint, & the to cart. $9.00, very good condition, Sold by Powell's Books Chicago rated 5.0 out of 5 stars, ships from Chicago, IL, UNITED STATES, published 2020 by Yale University Press.
Add this copy of Overcoming Necessity: Emergency, Constraint, & the to cart. $9.30, new condition, Sold by Powell's Books Chicago rated 5.0 out of 5 stars, ships from Chicago, IL, UNITED STATES, published 2020 by Yale University Press.
