In wartime, presidents are always tempted to expand their authority. But in doing so, they often reach beyond their constitutional mandate. Although the use of military tribunals can be necessary and even effective in times of war, Louis Fisher contends that these courts present a grave danger to open government and the separation of powers. Citing the constitutional provision vesting Congress with the authority to create tribunals, Fisher addresses the threats posed by the dramatic expansion of presidential power in time of war--and the meek efforts of Congress and the judiciary to curb...
In wartime, presidents are always tempted to expand their authority. But in doing so, they often reach beyond their constitutional mandate. Althou...
The 9/11 attacks were not the first operations by foreign terrorists on American soil. In 1942, during World War II, eight Germans landed on our shores bent on sabotage. Caught before they could carry out their missions, under FDR's presidential proclamation they were hauled before a secret military tribunal and found guilty. After the Supreme Court's emergency session upheld the tribunal's authority, six of the men were executed. Louis Fisher chronicles the capture, trial, and punishment of the Nazi saboteurs in order to examine the extent to which procedural rights are suspended in time...
The 9/11 attacks were not the first operations by foreign terrorists on American soil. In 1942, during World War II, eight Germans landed on our shore...