Legal Affairs

September|October 2005

Furious George By Neil Kinkopf
The Missing Link By Michael Greenberger
Monkey Wrench By Cass R. Sunstein
Lessons From the Swiss Cheese Map By Shari Motro
Disarming and Dangerous By Chris Suellentrop
King James I, of Michigan By Geoffrey Gagnon

Checks and Imbalances

The Bush Administration contends that, for the government to preserve America's security during the war on terror, the president must have far-reaching power. Rather than being a new idea, however, this frank assertion rests on a view of executive authority that's been a matter of contention for the past generation—between Republican and Democrat administrations. Congress has not defended its prerogatives in this debate, despite a constitutional duty to do so. And the Supreme Court, while expected to affirm the Bush view, has so far relied on deep-rooted precedents to give the president surprisingly little backing—though that could change with the replacement of a single justice.

Neil Kinkopf on the president's overreach for wartime power
Michael Greenberger on Congress's failure to respond
Cass R. Sunstein on the Supreme Court's surprising pushback



					September\|October 2005 Furious George By Neil Kinkopf The Missing Link By Michael Greenberger Monkey Wrench By Cass R. Sunstein Lessons From the Swiss Cheese Map By Shari Motro Disarming and Dangerous By Chris Suellentrop King James I, of Michigan By Geoffrey Gagnon Checks and Imbalances The Bush Administration contends that, for the government to preserve America's security during the war on terror, the president must have far-reaching power. Rather than being a new idea, however, this frank assertion rests on a view of executive authority that's been a matter of contention for the past generation—between Republican and Democrat administrations. Congress has not defended its prerogatives in this debate, despite a constitutional duty to do so. And the Supreme Court, while expected to affirm the Bush view, has so far relied on deep-rooted precedents to give the president surprisingly little backing—though that could change with the replacement of a single justice. Neil Kinkopf on the president's overreach for wartime power Michael Greenberger on Congress's failure to respond Cass R. Sunstein on the Supreme Court's surprising pushback