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Law's DetourJustice Displaced in the Bush Administration$
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Peter Margulies

Print publication date: 2010

Print ISBN-13: 9780814795590

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814795590.001.0001

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(p.7) 1 The Perfect Storm of Politics, Ideology, and Crisis

(p.7) 1 The Perfect Storm of Politics, Ideology, and Crisis

(p.7) 1 The Perfect Storm of Politics, Ideology, and Crisis
Law's Detour

Peter Margulies

NYU Press

This chapter examines the perfect storm of politics, ideology, and official temperament that emerged after 9/11 and how they shaped the Bush administration's legal detour as a response to both national security and domestic problems. It begins with a discussion of three main sources that led to detours from established practice in the Bush administration's approach to law: belief in unilateral presidential power over foreign affairs and national security, dedication to the unitary executive model of politicized and centralized policy decisions, and law and order politics. It then considers the adverse effects of the Bush administration's legal detours on individuals, groups, and the government itself. It also explores structural changes triggered by 9/11 that had ramifications beyond the terrorism realm, including the passage of the Patriot Act and the creation of the Department of Homeland Security.

Keywords:   politics, ideology, 9/11, legal detours, national security, presidential power, terrorism, Patriot Act, Department of Homeland Security

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