Research

  • Since September 11, the president has consistently ignored the law in the name of national security. While courts have resisted his claims of unbridled executive power, Congress has largely stood on the sidelines. But that could change soon, with a major legislative fight taking shape on military trials and detentions. If Congress ends up blessing the executive's power-grab, it may prove itself to be the most dangerous branch, by giving the president what he has so far lacked -- the stamp of democratic approval.

    August 1, 2006
  • Eighteen years ago , Justice Antonin Scalia assumed the prophet's cloak and forecast threats to the Constitution's core balance of powers. A threat, Justice Scalia explained, sometimes comes "in sheep's clothing: the potential of the asserted principle to effect important change in the equilibrium of power is not immediately evident, and must be discerned by a careful and perceptive analysis. But this wolf comes as a wolf." Today, another wolf scratches at the door: And it is a beast that has already inflicted heavy damage on the Constitution.

    July 24, 2006
  • When the Supreme Court issued its opinion in Hamdan v. Rumsfeld, striking down the Bush Administration's military tribunals, former Solicitor General Walter Dellinger III pronounced it "simply the most important decision on presidential power and the rule of law ever. Ever."

    July 14, 2006
  • Politics makes strange bedfellows. Last week saw an almost unheard of scrambling of allegiances after the FBI searched the congressional office of Rep. William Jefferson, D-La. While the Constitution's Separation of Powers figured prominently in news of the executive branch decisions to bypass laws against torture and domestic spying, this seemed a wholly unexpected front for the White House's push for executive power.

    May 31, 2006
  • There is no "drift-net." There is only a "very specific and very targeted" collection of data. So said General Michael V. Hayden, former chief of the National Security Agency on Feb. 5 this year about the NSA's domestic activities. Without doubt, senators of both stripes stand ready to grill Gen. Hayden about these statements in light of USA Today's startling revelation that the NSA has been assembling a mammoth database detailing the source, destination and timing information on almost every telephone call made in the United States.

    May 16, 2006

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