The Detention and Trial of Enemy Combatants: A Drama in Three Branches
Michael C. Dorf describes the interactions among the three branches of the federal government in addressing the detention and trial of captives in the war in Afghanistan and the broader ‘‘war on terror.’’ He explains that the Supreme Court’s repeated rejections of the Bush administration’s sweeping assertions of wartime authority have erected few insurmountable obstacles to administration policy. Instead, the Court has required the administration to seek authority from Congress, which in turn has shown little appetite for reining in the President.
Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It), Sanford Levinson Reviewed by Michael C. Dorf
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