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Full-Text Articles in National Security Law
Conflicts Between The Commander In Chief And Congress: Concurrent Power Over The Conduct Of War, Jules Lobel
Conflicts Between The Commander In Chief And Congress: Concurrent Power Over The Conduct Of War, Jules Lobel
Articles
The Bush Administration argues that the Commander in Chief has exclusive power to decide what military tactics to use to defeat a wartime enemy. The Administration's constitutional position that Congress may not permissibly interfere with these Executive Commander in Chief powers has been heavily criticized, particularly with respect to the Executive power to interrogate prisoners or engage in warrantless wiretapping on American citizens and its argument that Congress cannot limit the Iraq war. Yet, many critics concur in the Administration's starting point - that the President has exclusive authority over battlefield operations.
This article challenges that assumption. It argues that …
Torture And The Biopolitics Of Race, Dorothy E. Roberts
Torture And The Biopolitics Of Race, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
A Running Start: Getting “Law Ready” During A Presidential Transition, James E. Baker
A Running Start: Getting “Law Ready” During A Presidential Transition, James E. Baker
Georgetown Law Faculty Publications and Other Works
We are headed for our first wartime Presidential transition in forty years. The good news is that this has prompted uncommon attention to the process of transition. The bad news is that transitions are difficult in the best of circumstances; forewarned does not always equal prepared. The United States handles transitions well on a strategic level. Strategic continuity is found in the Constitution. Transition is also part of the rhythm of government. The intelligence community, for example, has a sound tradition of briefing candidates and Presidents-elect. However, there is tactical vulnerability. An outgoing administration may hesitate to initiate all but …