The Decider

Is there some part of “inherent wartime powers of the Commander-in-Chief” Secretary Rice doesn’t fully understand?

A bunch of unelected partisan activist judges insist on construing the Constitution as a suicide pact by making decisions that weaken the capacity of the unitary executive to fight terrorism. The President, in the exercise of his inherent wartime powers as Commander-in-Chief, takes action to stop them, citing Lincoln as a precedent.

And yet the Bush Administration finds it “deeply regrettable.” On what theory?

Author: Mark Kleiman

Professor of Public Policy at the NYU Marron Institute for Urban Management and editor of the Journal of Drug Policy Analysis. Teaches about the methods of policy analysis about drug abuse control and crime control policy, working out the implications of two principles: that swift and certain sanctions don't have to be severe to be effective, and that well-designed threats usually don't have to be carried out. Books: Drugs and Drug Policy: What Everyone Needs to Know (with Jonathan Caulkins and Angela Hawken) When Brute Force Fails: How to Have Less Crime and Less Punishment (Princeton, 2009; named one of the "books of the year" by The Economist Against Excess: Drug Policy for Results (Basic, 1993) Marijuana: Costs of Abuse, Costs of Control (Greenwood, 1989) UCLA Homepage Curriculum Vitae Contact: