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When Thomas Jefferson struck a deal for the Louisiana Purchase in 1803, he knew he was adding a new national power to those specified in the Constitution, but he also believed his actions were in the nation's best interest. His successors would follow his example, setting their own constitutional precedents. Tracing the evolution and expansion of the president's formal power, Untrodden Ground reveals the president to be the nation's most important law interpreter and examines how our commanders-in-chief have shaped the law through their responses to important issues of their time.

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From wiretapping American citizens to waterboarding foreign prisoners, the Bush administration has triggered an uproar over its tactics in the War on Terror--and over its justifications for using them. Through a close study of the legal advice provided to President Bush, former Justice Department attorney Harold Bruff provides an incisive and scathing critique of those justifications, which he finds at odds with both American law and moral authority.

Bruff rigorously examines legal opinions regarding NSA surveillance, the indefinite detention of terror suspects, the denial of Geneva...