Power Without Constraint

Despite rhetorical differences, the administrations of George W. Bush and Barack Obama have both claimed broadly unrestrained presidential power in matters of military force, surveillance, and the state secrets privilege.

The surprising truth behind Barack Obama's decision to continue many of his predecessor's counterterrorism policies. Conventional wisdom holds that 9/11 sounded the death knell for presidential accountability. In fact, the opposite is true. The novel powers that our post-9/11 commanders in chief assumed—endless detentions, military commissions, state secrets, broad surveillance, and more—are the culmination of a two-century expansion of presidential authority. But these new powers have been met with thousands of barely visible legal and political constraints—enforced by congressional committees, government lawyers, courts, and the media—that have transformed our unprecedentedly powerful presidency into one that is also unprecedentedly accountable. These constraints are the key to understanding why Obama continued the Bush counterterrorism program, and in this light, the events of the last decade should be seen as a victory, not a failure, of American constitutional government. We have actually preserved the framers’ original idea of a balanced constitution, despite the vast increase in presidential power made necessary by this age of permanent emergency.

In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.

An inspiring yet practical guide for transforming limitations into opportunities A Beautiful Constraint: How to Transform Your Limitations Into Advantages And Why It's Everyone's Business Now is a book about everyday, practical inventiveness, designed for the constrained times in which we live. It describes how to take the kinds of issues that all of us face today—lack of time, money, resources, attention, know-how—and see in them the opportunity for transformation of oneself and one's organization's fortunes. The ideas in the book are based on the authors' extensive work as business consultants, and are brought to life in 35 personal interviews from such varied sources as Nike, IKEA, Unilever, the U.S. Navy, Formula One racecar engineers, public school teachers in California, and barley farmers in South Africa. Underpinned by scientific research into the psychology of breakthrough, the book is a practical handbook full of tools and tips for how to make more from less. Beautifully designed and accessible, A Beautiful Constraint will appeal beyond its core business audience to anyone who needs to find the opportunity in constraint. The book takes the reader on a journey through the mindset, method and motivation required to move from the initial "victim" stage into the transformation stage. It challenges us to: Examine how we've become path dependent—stuck with routines that blind us from seeing opportunity along new paths Ask Propelling Questions to help us break free of those paths and put the most pressing and valuable constraints at the heart of our process Adopt a Can If mentality to answer these questions—focused on "how," not "if" Access the abundance to be found all around us to help transform constraints Activate the high-octane mix of emotions necessary to fuel the tenacity required for success We live in a world of seemingly ever-increasing constraints, driven as much by an overabundance of choices and connections as by a scarcity of time and resources. How we respond to these constraints is one of the most important issues of our time and will be a large determinant of our progress as people, businesses and planet, in the future. A Beautiful Constraint calls for a more widespread capability for constraint-driven problem solving and provides the framework to achieve that.

Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

An important resource that examines the physical aspects of wireless communications based on mathematical and physical evidence The Physics and Mathematics of Electromagnetic Wave Propagation in Cellular Wireless Communicationdescribes the electromagnetic principles for designing a cellular wireless system and includes the subtle electromagnetic principles that are often overlooked in designing such a system. This important text explores both the physics and mathematical concepts used in deploying antennas for transmission and reception of electromagnetic signals and examines how to select the proper methodology from a wide range of scenarios. In this much-needed guide, the authors—noted experts in the field—explore the principle of electromagnetics as developed through the Maxwellian principles and describe the properties of an antenna in the frequency domain. The text also includes a review of the characterization of propagation path loss in a cellular wireless environment and examines ultrawideband antennas and the mechanisms of broadband transmission of both power and information. This important resource: Includes a discussion of the shortcomings of a MIMO system from both theoretical and practical aspects Demonstrates how to deploy base station antennas with better efficiency Validates the principle and the theoretical analysis of electromagnetic propagation in cellular wireless communication Contains results of experiments that are solidly grounded in mathematics and physics Written for engineers, researchers, and educators who are or plan to work in the field, The Physics and Mathematics of Electromagnetic Wave Propagation in Cellular Wireless Communicationoffers an essential resource for understanding the principles underpinning wireless communications.

The contents of the October 2015 issue (Volume 125, Number 1) are: Articles • Against Immutability, by Jessica A. Clarke • The President and Immigration Law Redux, by Adam B. Cox & Cristina M. Rodríguez Essay • Which Way To Nudge? Uncovering Preferences in the Behavioral Age, by Jacob Goldin Note • Saving 60(b)(5): The Future of Institutional Reform Litigation, by Mark Kelley Comment • Interbranch Removal and the Court of Federal Claims: “Agencies in Drag,” by James Anglin Flynn Quality ebook formatting includes fully linked footnotes and an active Table of Contents (including linked Contents for all individual Articles, Notes, and Essays), proper Bluebook formatting, and active URLs in footnotes. This is the first issue of academic year 2015-2016.

NEW YORK TIMES BESTSELLER • “Comprehensive, enlightening, and terrifyingly timely.”—The New York Times Book Review (Editors' Choice) WINNER OF THE GOLDSMITH BOOK PRIZE • SHORTLISTED FOR THE LIONEL GELBER PRIZE • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY The Washington Post • Time • Foreign Affairs • WBUR • Paste Donald Trump’s presidency has raised a question that many of us never thought we’d be asking: Is our democracy in danger? Harvard professors Steven Levitsky and Daniel Ziblatt have spent more than twenty years studying the breakdown of democracies in Europe and Latin America, and they believe the answer is yes. Democracy no longer ends with a bang—in a revolution or military coup—but with a whimper: the slow, steady weakening of critical institutions, such as the judiciary and the press, and the gradual erosion of long-standing political norms. The good news is that there are several exit ramps on the road to authoritarianism. The bad news is that, by electing Trump, we have already passed the first one. Drawing on decades of research and a wide range of historical and global examples, from 1930s Europe to contemporary Hungary, Turkey, and Venezuela, to the American South during Jim Crow, Levitsky and Ziblatt show how democracies die—and how ours can be saved. Praise for How Democracies Die “What we desperately need is a sober, dispassionate look at the current state of affairs. Steven Levitsky and Daniel Ziblatt, two of the most respected scholars in the field of democracy studies, offer just that.”—The Washington Post “Where Levitsky and Ziblatt make their mark is in weaving together political science and historical analysis of both domestic and international democratic crises; in doing so, they expand the conversation beyond Trump and before him, to other countries and to the deep structure of American democracy and politics.”—Ezra Klein, Vox “If you only read one book for the rest of the year, read How Democracies Die. . . .This is not a book for just Democrats or Republicans. It is a book for all Americans. It is nonpartisan. It is fact based. It is deeply rooted in history. . . . The best commentary on our politics, no contest.”—Michael Morrell, former Acting Director of the Central Intelligence Agency (via Twitter) “A smart and deeply informed book about the ways in which democracy is being undermined in dozens of countries around the world, and in ways that are perfectly legal.”—Fareed Zakaria, CNN