February 8, 2013 |
A proposal to give federal judges a direct role in the nation's drone campaign gained new momentum this week with a signal from senior lawmakers that they intend to consider creating a special court to oversee the selection of targets for lethal strikes. But the idea — cited by Sen. Dianne Feinstein (D-Calif.), among others, as a way to impose new accountability on the drone program — faces significant legal and logistical hurdles, according to U.S. officials and legal experts.
February 8, 2013 |
There are plenty of problems with President Obama's targeted killings in the war against terrorism: The policy remains secret in most aspects, involves no judicial review, has resulted in the deaths of innocent civilians, has been employed far from any battlefield and has sparked deep anti-American resentment in countries where we can ill afford it. But when it comes to the particular legal issue raised in a recently leaked "white paper" from...
February 7, 2013 |
If George W. Bush had told us that the "war on terror" gave him the right to execute a U.S. citizen overseas with a missile fired from a drone aircraft, without due process or judicial review, I'd have gone ballistic. It makes no difference that the president making this chilling claim is Barack Obama. What's wrong is wrong. The moral and ethical questions posed by the advent of drone warfare — which amounts to assassination by remote control — are painfully complex. We had better start working out some answers because, as...
January 5, 2013
Regarding George F. Will's Dec. 30 op-ed column, " ‘Disdain' and democracy" : As a scholar, I am grateful when others engage my work. But Mr. Will's column distorted my Harvard Law Review article in details both large and small. Yes, the Framers of our Constitution intended to limit the federal government's power to protect liberty. But they also crafted the new Constitution to empower the government to deal with critical problems. For much of our history, the Supreme Court recognized congressional resourcefulness...
December 28, 2012 |
While accusing the Supreme Court's conservative justices of "disdain for democracy," Pamela S. Karlan proves herself talented at dispensing disdain. The Stanford law professor is, however, less talented at her chosen task of presenting a coherent understanding of judicial review. Still, her " Democracy and Disdain " in the November issue of the Harvard Law Review usefully illustrates progressivism's consistent disdain for the Founders' project of limiting government. The primary focus of her...
November 22, 2012 |
CAIRO — Egyptian President Mohamed Morsi took extensive new powers for himself Thursday, freeing his decisions from judicial review and ordering retrials for former top officials, including ex-president Hosni Mubarak. The decree, issued a day after Morsi won international praise for fostering a cease-fire in Gaza, appears to leave few if any checks on his power. The president said all of the decisions he has made since he took office in June — and until a new constitution is adopted and a...