George W. Bush (43 )

1. George W. Bush (43)

2. The 2000 Race Al Gore (D) Ralph Nader (G)

3. 2000 Election • 2000 election results

4. Florida • 537 votes • Legal Documents

5. Bush Background Senator Prescott Bush Pres. GHW Bush (with Ike)

6. His Administration • Foreign Affairs advisers: Bush II • Domestic Policy advisers: W I • Policies: Reagan III But: Compassionate Conservatism No Child Left Behind

7. Post-Modern Presidency? • 1789-1933: Pre-Modern • 1933-1989: Modern or Crisis Presidency • 1989: End of the Crisis Presidency • Post-Modern? • Bush-Clinton-Bush • Weak executive • Madisonian model • “Governor of the USA”

8. World Trade Center, NYC

9. Pentagon

10. Bin-Laden videos 1996 fatwa 1998 fatwa Al-Qaeda Training Manual (from Dept. of Justice) Al- Qaeda and Osama bin-Laden

11. A Return to the Crisis Presidency/ Modern Presidency Theory and Practice

12. Unitary Executive Theory • Executive Power • National Security • Theme in Republican Presidencies • Nixon - Impoundment • Nixon - Watergate • Reagan – Iran-Contra

13. 1. Homeland Security Organization • Office of Homeland Security (OHS) • Homeland Security Council (HSC)

14. Homeland Security Council System Homeland Security Council (HSC) Members: President, Vice President, Secretaries of Treasury, Defense, Health and Human Services, Transportation, Attorney General , White House Chief of Staff, Directors of Office of Management and Budget, Central Intelligence, FBI, FEMA, Chief of Staff to the VP. Chaired by Homeland Security Adviser. National Security Adviser may attend all meetings. Invitees: invited to meetings depending on the issue: Secretaries of State, Interior, Agriculture, Commerce, Labor, Energy, Veterans Affairs, EPA Administrator, Deputy National Security Adviser for Combating Terrorism, Counsel to the President Policy Coordinating Committees (PCCs). These are interagency committees composed of Under and Assistant Secretary level officials from member and invitee departments/ agencies of HSC, chaired by Senior Directors of Office of Homeland Security Directorates Office of Homeland Security (OHS). Managed by Homeland Security Adviser; Professional Staff of 100. Directorates for: Protection and Prevention; Research and Development; Response and Recovery; Communications; Intelligence and Detection; Policy and Plans. HSC Principals Committee (HSC/PC) All Members and Invitees of HSC meeting without the President and Vice President. Chaired by Homeland Security Adviser. Domestic Threat Response and Incident Management PCC Medical and Public Health Preparedness PCC Public Affairs PCC Key Asset, Border, Territorial Waters, and Airspace Security PCC HSC Deputies Committees (HSC/DC) Deputies to HSC/PC Members/Invitees. Chaired by Deputy Homeland Security Adviser WMD PCC Economic Consequences PCC Detection, Surveillance, Intelligence PCC Plans, Training, Evaluation, Exercises PCC Research and Development PCC Domestic Transportation Security PCC Law Enforcement, And Investigations PCC

15. Congress Fights Back • Department of Homeland Security (DHS) • DHS Organizational Chart

16. 2. Asking Congress for Authority A. AUMF 9/18/01 (Authorization to Use Military Force) • House: 420-1 (Sheila Jackson Lee, D-TX) • Senate: 98-0 B. USA PATRIOT ACT (10/26/01)

17. 3. Terrorist Surveillance Program • Foreign Intelligence Surveillance Act (FISA) Law • Protect America Act of 2007

18. 4. Legal Status of Individuals • Detainees (unlawful enemy combatants) • President George W. Bush Military Order, November 13, 2001, “Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism” • Authorization to Use Military Force, September 18, 2001

19. The Legal Evolution • Rasul v. Bush • Hamdi v. Rumsfeld • Padilla v. Rumsfeld • Detainee Treatment Act, 2005 • Hamdan v. Rumsfeld • Military Commissions Act, 2006 • Boumediene v. Bush • Other cases • Fate of detainees

20. 5. Treatment of Individuals • Memos from the Office of Legal Counsel, Bush and Obama Administrations concerning detainee treatment and interrogation policies Detainee Treatment Act, 2005 • Senate Judiciary Committee Hearings on Detainee Treatment, May 2009

21. Interrogation of al Qaeda Operative, Memorandum for John Rizzo, Acting General Counsel of the Central Intelligence Agency, from Jay Bybee, Assistant Attorney General, August 1, 2002, from http://www.fas.org/irp/agency/doj/olc/zubaydah.pdf

22. 6. Signing Statements Standard US Governmental Process Congress introduces bill negotiation begins Exec-Leg Bill becomes agreement law Pres Introduces bill Exec-Leg disagreement Congress passes bill Pres vetoes Congress overrides

23. Standard Process with Signing Statement P. implements his version Congress of law introduces bill negotiation begins Exec-Leg Bill becomes agreement law Pres Introduces bill Exec-Leg disagreement Pres. signs law; Adds interpretation in signing statement

24. The Language in the Signing Statements “The executive branch shall construe {reference to the bill} in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch.”

25. US People and Presidential Power • Americans side with presidential power in time of crisis • 2002 midterm election House Before After R 221 R 227 D 212 D 206 I 2 I 2 Senate R 49 R 51 D 50 D 48 I 1 I 1

27. 2002-2003 Bush 43 Makes the Case • VP Cheney speech at VFW, August 2002; • UN Security Council Res. 1441 (11/02) • Congressional Authorization for Use of Military Force Against Iraq, PL 107-243, 10/16/02 • National Security Adviser Rice, January 2003: “mushroom cloud” comment • Secretary of State Colin Powell’s United Nations presentation on Iraqi WMD (February 2003)

28. Hurricane Katrina

29. Iraq, Weekend of July 7, 2007(Washington Post)

30. US public opinion turns against the war Source: Scott Keeter, Trends in Public Opinion about the War in Iraq, 2003-2007, March 2007:http://pewresearch.org/pubs/431/trends-in-public-opinion-about-the-war-in-iraq-2003-2007

31. The Great Recession

32. Bush Public Approval