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Freeing SpeechThe Constitutional War over National Security$
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John Denvir

Print publication date: 2010

Print ISBN-13: 9780814720141

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814720141.001.0001

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(p.11) 1 The National Security Presidency

(p.11) 1 The National Security Presidency

(p.11) 1 The National Security Presidency
Freeing Speech

John Denvir

NYU Press

This chapter describes a vision called National Security Presidency (NSP), which claims extraordinary powers for the president in the area of national security in terms of acting without congressional authorization. The NSP also gives the president the right to disregard congressional legislation and individual constitutional rights when he feels they impede his programs. It calls for quick, decisive action to protect America from foreign enemies, even as it poses a serious challenge to the official constitutional interpretation of presidential powers in the area of national security. This chapter examines the NSP within the context of the official Constitution and the role of the Supreme Court in its implementation. It also considers the concept of “imperial presidency” and concludes by presenting arguments in favor of the NSP and emphasizing its importance to national security.

Keywords:   congressional authorization, National Security Presidency, president, constitutional rights, presidential power, Constitution, Supreme Court, imperial presidency

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