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Hamdi, Hamilton, and The Federalist on War and National Security

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Abstract:

The Supreme Court's decision in Hamdi v. Rumsfeld (2004) involved an extensive dispute over the meaning of presidential war powers and national security as these were explained and defended in The Federalist. Various opinions in Hamdi cited numerous Federalist numbers in support of the justices’ own interpretation of presidential war powers regarding questions of national security. Yet the opinions of the justices obviously conflicted. Using the Hamdi decision as a springboard, this paper proposes to examine The Federalist in order to outline the political philosophy underlying the Constitution’s executive war powers and their relationship to questions of national security. Since most of the Federalist numbers cited by the justices in Hamdi were written by Alexander Hamilton, I propose to examine additional writings of Hamilton’s in order to more fully develop the presidential war powers and national security theory outlined by Publius in The Federalist. My paper will involve an interdisciplinary approach to the question of presidential war powers, combining the disciplines of law, political philosophy, history, and strategic studies to examine one of the most important constitutional issues confronting Americans today.

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federalist (111), power (91), constitut (87), hamdi (81), right (61), govern (61), execut (57), court (55), nation (52), war (50), justic (48), hamilton (45), polit (45), thoma (39), would (37), secur (35), might (34), presid (31), law (31), scalia (30), ibid (29),
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Peacock, Anthony. "Hamdi, Hamilton, and The Federalist on War and National Security" Paper presented at the annual meeting of the American Political Science Association, Hyatt Regency Chicago and the Sheraton Chicago Hotel and Towers, Chicago, IL, Aug 30, 2007 <Not Available>. 2011-06-08 <http://www.allacademic.com/meta/p209616_index.html>

APA Citation:

Peacock, A. A. , 2007-08-30 "Hamdi, Hamilton, and The Federalist on War and National Security" Paper presented at the annual meeting of the American Political Science Association, Hyatt Regency Chicago and the Sheraton Chicago Hotel and Towers, Chicago, IL Online <PDF>. 2011-06-08 from http://www.allacademic.com/meta/p209616_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: The Supreme Court's decision in Hamdi v. Rumsfeld (2004) involved an extensive dispute over the meaning of presidential war powers and national security as these were explained and defended in The Federalist. Various opinions in Hamdi cited numerous Federalist numbers in support of the justices’ own interpretation of presidential war powers regarding questions of national security. Yet the opinions of the justices obviously conflicted. Using the Hamdi decision as a springboard, this paper proposes to examine The Federalist in order to outline the political philosophy underlying the Constitution’s executive war powers and their relationship to questions of national security. Since most of the Federalist numbers cited by the justices in Hamdi were written by Alexander Hamilton, I propose to examine additional writings of Hamilton’s in order to more fully develop the presidential war powers and national security theory outlined by Publius in The Federalist. My paper will involve an interdisciplinary approach to the question of presidential war powers, combining the disciplines of law, political philosophy, history, and strategic studies to examine one of the most important constitutional issues confronting Americans today.

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Document Type: PDF
Page count: 30
Word count: 10101
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Hamdi Hamilton and The Federalist on War and National Security by Anthony A. Peacock Utah State University © Prepared for delivery at the 2007 Annual Meeting of the American Political Science Association August 30th-September 2nd 2007 This paper is a draft. Please do not cite it without the author’s permission. Introduction The United States Supreme Court’s decision in Hamdi v. Rumsfeld (2004) was one of the most significant war powers decisions in the Court’s history addressing what judicial process
(December 2002). See Anthony A. Peacock “Judicial Rationalism and the Therapeutic Constitution: The Supreme Court’s Reconstruction of Equality and Democratic Process Under the Charter of Rights and Freedoms “ in The Myth of the Sacred: The Charter The Courts and the Politics of the Constitution of Canada eds. Patrick James Donald E. Abelson and Michael Lusztig (Montreal and Kingston: McGill-Queen’s University Press 2002) 17; and Anthony A. Peacock Deconstructing the Republic: The Suprem e Court the Voting Rights Act


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