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Wiley InterScience | |||||||||||
  Presidential Studies QuarterlyVolume 36 Issue 1, Pages 102 - 116 Published Online: 8 Feb 2006 © 2010 Center for the Study of the Presidency and Congress Published by the Center for the Study of the Presidency
Abstract | References | Full Text: HTML, PDF (Size: 86K) | Related Articles | Citation Tracking 
The Law:"Extraordinary Rendition" and Presidential Fiat Copyright 2006 Center for the Study of the Presidency ABSTRACTThe administration of George W. Bush engages in the use of "extraordinary rendition," the kidnapping of foreign citizens and the delivery of those citizens to third-party jurisdictions. In at least one such rendition, a foreign national was kidnapped from U.S. soil and delivered to a foreign jurisdiction where he was tortured. These renditions are accomplished outside of treaties and courts and are solely the result of presidential fiat. The claims to executive power to undertake these actions are of recent origin, and the great balance of U.S. history and law weighs against these claims. The actions of the Bush administration have been aided by judicial deference, a deference that challenges historical assumptions and law concerning executive power. | 
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