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Full-Text Articles in Law
What Bush Wants To Hear, David Cole
What Bush Wants To Hear, David Cole
Georgetown Law Faculty Publications and Other Works
No abstract provided.
Controlling Executive Power In The War On Terrorism, Mark V. Tushnet
Controlling Executive Power In The War On Terrorism, Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
How does - or should - the U.S. Constitution regulate the exercise of power in response to threats to national security, to ensure that power is used wisely? s Broadly speaking, two mechanisms of control are available: a separation-of-powers mechanism and a judicial-review mechanism. Both mechanisms aim to ensure that the national government exercises its power responsibly - with sufficient vigor to meet the nation's challenges, but without intruding on protected liberties. Under the separation-of-powers mechanism, nearly all of the work of regulating power is done by the principle that the President can do only what Congress authorizes. Its primary …