4 Pages Posted: 22 Jul 2011
Date Written: July 20, 2011
In her thoughtful review of our book, The Case for Congress: Separation of Powers and the War on Terror, Elizabeth Wilson argues that our belief that Congress can play a critical role in directing post-September 11 national-security policy is misguided. She questions what she calls our “pleasing but perhaps ultimately naïve faith in rational discourse.” She does not believe rational discourse will “get at the root causes of the illness that paralyzes Congress because those root causes are, at bottom, political.” In this brief response, we suggest that there are circumstances in which Congress can overcome politics and act to fulfill its constitutional responsibilities, both within and without the national security context.
Keywords: separation of powers, war on terror, national security, Congress
Suggested Citation: Suggested Citation
Friedman, Lawrence and Hansen, Victor, Response: There is a Case for Congress (July 20, 2011). New England Law Review, Vol. 46, 2011. Available at SSRN: https://ssrn.com/abstract=1890786