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
1 minute read
The original version of this story was published on Law.Com
No camera crews are embedded in the U.S. Department of Justice, so its report in May to Congress on how it has been conducting the war against terrorism provided a rare and welcome source of information.
Yet congressional critics maintained that this report was typical of the Bush administration’s grudging attitude toward sharing power and even information with Congress.
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