The Assault on the Constitution: Executive Power and the War on Terrorism

Authors

Erwin Chemerinsky, Duke Law SchoolFollow

Document Type

Article

Publication Date

2006

Abstract

The Bush administration has made unprecedented claims of unchecked executive power. The Constitution reflects a simple model that two branches of government should have to be involved in virtually all major government actions. The Bush administration, however, has claimed the ability to detain individuals, to engage in electronic eavesdropping, and to authorize torture even in violation of federal statutes. The solution must be for courts to reject these broad claims of presidential authority.

Citation

Erwin Chemerinsky, The Assault on the Constitution: Executive Power and the War on Terrorism, 40 U.C. Davis Law Review 1-20 (2006)

Creative Commons License

This work is licensed under a Creative Commons Attribution-Noncommercial 3.0 License