Executive Power in Wartime

The scope of executive power has become a key and controversial matter since September 11, 2001. It is central, for instance, to assessing the legality of warrantless wiretaps by the National Security Agency of communications between America and suspected terrorists abroad, and the propriety of NSA exploitation of phone-company records to identify numbers that have frequently communicated with phones tied to suspected foreign terrorists.

In several recent books, bright scholars have

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