POL101Y1 Lecture Notes - Lecture 11: Signing Statement, Just War Theory, Nuclear Weapon

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12 May 2018
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Course
Professor
Commercial services stopped
Bridges / tunnels closed
Manhattan closed to street traffic for almost 2 months
George Bush's approval ratings raised to 90%
Had lost popular vote in election to Al Gore by .5 million
votes --> barely became president
Rest of world willing to listen to US foreign policy
Secret orders sanctioning torture, etc. if involving
'Homeland Security'
Power of office of president increased dramatically by 9/11
Political fall-out
German émigré
"the best joke of democracy is that democrats provide
their enemies with the means to get rid of democracy"
Only way to avoid is to develop measures to limit political
rights of dangerous areas of the population (fascists)
Concentrate power in executive (office of president)
Use emergency powers
Pass ad hoc legislation to restrict rights of
expression, participation and assembly to prevent
fascist movements from exploiting democratic
freedoms to undermine democracy
Three components of militant democracy --> George Bush
implemented after 9/11
Who are legitimate targets of restrictions on rights
and freedoms
When is it legitimate to intervene? (what level of
threat is threatening enough to warrant militant
democracy?)
How to safeguard against the abuse of legal provisions
for partisan gain?
Concerns
More government powers
Intercept communications of citizens and non-citizens
Wire tapping
Overwhelming support from house of representatives
and senate
Patriot Act
Bush authorized (secretly) the NSA to eavesdrop without
court orders on calls and emails from the US to other
countries
Negates laws banning torture etc.
Avoid complying with laws and provisions that did not
have any direct bearing on 'war on terror' -
whistleblower, affirmative action
Abusing legal provisions not only for national
protection but also partisan gain
Long term institutional problem: long-term power in
executive undermines system of check and balances -
undermines presidential democracy --> office of
Quietly challenged 1100 laws that had already been passed
using 'Signing Statements'
Militant democracy : use of legal restrictions on political
expression and participation to curb extremist actors in
democratic regimes
Lecture 1.11: 9/11
December 5, 2016
12:09 PM
LECTURES Page 29
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