ABSTRACT
In the four previous chapters, we have explored the Constitution’s preference for representative decisionmaking in national security matters in the context of exigent circumstances, detention abuses, use of secret evidence in military tribunals, and various aspects of the state secrets privilege. In making the case for Congress, we have proposed specific yet flexible approaches which Congress could employ in order to fully exercise its constitutionally assigned role. There are, no doubt, critics who would say Congress’s ability to weigh in on these matters is limited because of institutional weakness and a lack of political will that, in the face of a determined and aggressive Presidential administration, will undermine its ability to provide much of a counter-balance.
