Posner vermeule accommodating emergencies


27-Feb-2020 22:21

I have had the pleasure of knowing Dick Fallon since I was a student in his constitutional theory seminar in 1986, and I would like to take this opportunity to thank him for being such a wonderful teacher, mentor, and model of scholarly integrity and excellence.

Commentators have long debated how to think about the relationship between law and presidential power during emergencies.

But for that reason, it seems, it is commonly regarded as being old hat, divide and rule having been superseded as a strategy by more advanced and subtle techniques.

The leaders of ancient Rome and British India, it’s said, may consciously have plotted to pit the governed against each other; but in the present day things are not so crude.

Three distinct positions have emerged in that debate.

But others came out in support of the NSA’s efforts.

The accommodation approach, by allowing governmental authority to expand during time of perceived emergency, may allow the government to opportunistically ratchet up its power and may create precedent that could distort the law during more normal times.

The extralegal approach, by placing exercises of emergency authority outside the law, may leave these actions unregulated and undermine the rule of law, and it may be unrealistic if it depends on an acknowledgment by public officials of illegality.

Chesney, Wake Forest University School of Law"This book provides a powerfully argued counterpoint to the conventional wisdom that during time of war or emergency the U. democratic process operates poorly, and needs to be supervised by rights-enforcing courts.

While some may see the book's call for judicial deference as an apologia for executive unilateralism, the authors' rigorous analysis will force civil libertarians to be more precise and sophisticated in their arguments, and public debate will surely benefit."--Curtis A. The normal procedures of peacetime seem to get in the way.Here – believe it or not – is a quite useful piece of work by Eric Posner and Adrian Vermeule.



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