THE AARON WILDAVSKY FORUM FOR PUBLIC POLICY

The US Constitution, unlike most of its counterparts, lacks an emergency provision allowing for its own temporary suspension in times of national crisis. Nonetheless, wartime presidents have derogated from constitutional principles, from Lincoln's suspension of habeas corpus to FDR's internment of west coast residents of Japanese descent. Where on the continuum between the rule of law and the realm of unchecked executive discretion should we situate the current response to new national security threats posed by terrorism? Have executive policies on detention and trial ofenemy combatants, warrantless wiretapping, and government secrecy in the "global war on terror" gone too far? Which branch is best positioned to check the executive if so--Congress or the courts? Can "emergency" changes made now become effectively permanent?