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Judicial Issues Forum | No. 8

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A Governance Studies Event

Presidential War Powers: Has the Government Gone Too Far?

Terrorism, Homeland Security, U.S. Congress, U.S. Judiciary, Congressional Oversight


Event Summary

President Bush's authorization of National Security Agency eavesdropping on communications between the United States and other countries that are said to involve Al Qaeda is helping bring to a boil the long-simmering debate over the president's expansive assertions of presidential war powers.

Judicial Issues Forum

Event Information

When

Friday, March 17, 2006
10:00 AM to 12:00 PM

Where

Falk Auditorium
The Brookings Institution
1775 Massachusetts Avenue, N.W.
Washington, DC 20036
Map

Contact: Brookings Office of Communications

E-mail: events@brookings.edu

Phone: 202.797.6105

Recent controversies include the detention and interrogation of "enemy combatants," the trials by "military commissions" that are now under challenge at the Supreme Court, and the 2002 advice of then-White House Counsel Alberto Gonzales that the president could constitutionally choose to invade Iraq without Congressional approval.

Brookings continued its Judicial Issues Forum series March 17 with a look at the both current and historical debates—going back to the colonial era and the framing of the Constitution—about the extent of the president's war powers. Panelists will also discuss the responses of Congress and the judiciary. Speakers include William Galston, a Brookings senior fellow appointed last year. Galston's research includes examining major institutions involved in the U.S. political process, including the electoral system, the media, the faith community, the courts and Congress.

Transcript

STUART TAYLOR: The state of constitutional law in presidential war powers is highly ambiguous. In a famous 1952 concurrence, Justice Robert Jackson wrote this about the Framers' intentions as to executive power:

"The law here must be divined from materials almost as enigmatic as the dreams Joseph was called upon to interpret for Pharaoh. A century and a half of partisan debate and scholarly speculation yields no net result but only supplies more or less apt quotations from respected sources on each side of any question." End quote.

Fortunately, we have four panelists here today who should be able to clear all of this up.

Read the full transcript (PDF—241kb)

Participants

Moderator

Stuart Taylor, Jr.

Non-resident Senior Fellow, Brookings Institution
Columnist, National Journal; Contributor, Newsweek

Panelists

Andrew McBride

Partner, Wiley, Rein & Fielding

Louis Fisher

Specialist in the Law Library, Library of Congress

Roger Pilon

Vice President for Legal Affairs, Cato Institute

William A. Galston

Senior Fellow, Governance Studies


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