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James Madison warned that accumulation of the legislative, executive and judicial powers in the same hands is "the very definition of tyranny." If we want our constitutional structures to survive the "war on terrorism," says law professor Susan Herman, we must encourage the Bush administration to share both information and power, make it politically costly for them to refuse to do so, and encourage the courts to provide a check instead of a blank check.
July 23, 2003 at 12:00 AM
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The original version of this story was published on Law.Com
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