Title

It’s Congress’s War, Too

Document Type

Article

Publication Date

September 2006

Abstract

"Two branches of our government are hard at work in the war on terror. Sometimes, to be sure, they work at cross-purposes. Executive agencies devise a warrantless surveillance program — and a federal judge declares it unconstitutional. Administration officials and federal bureaucrats devise rules for trying accused terrorists in military tribunals — and the Supreme Court, in its Hamdan decision, sends the tribunal drafters back to the drawing board. Yet for all their differences, the executive and judicial branches each have important roles to play in establishing U.S. counterterrorism policy."

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