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Four legal thinkers, with wide-ranging views, answer this question: If you could change one thing about national security law after 9/11, what would it be?
• Our Enemies Aren’t Soldiers If Douglas W. Kmiec could change one thing about the way America is fighting terrorism, it would be the seeming inability to grasp the difference between lawful and unlawful combatants. He argues that failing to keep this difference in mind has led to missteps by the president and the justices alike. • Split Up Dueling Roles of OLC Neal Katyal argues that the DOJ’s Office of Legal Counsel should be stripped of its adjudicatory role and permitted to function only as an adviser to the administration. • It’s the President’s Decision Our greatest need in matters of national security is not new statutes. Robert F. Turner says it is a return to our most important law, the Constitution, which gives the president a great deal of authority over foreign intelligence and the nation’s external relations that Congress cannot lawfully usurp. • Give Us More Information Information about national security is generated largely inside one branch — the executive. Aziz Huq says to preserve the constitutional separation of powers, Congress, the judiciary, and, ultimately, the American public need to catch up.

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