Free download: Mashaw on terror and the rule of law
Free download: In another of Governance‘s notes on the Obama administration, Jerry Mashaw of Yale Law School reflects on Terror, the Rule of Law, and Institutional Design (22.3, July 2009). Mashaw says that the post-9/11 struggle is a “story of administrative arrogance, judicial hesitancy, and congressional failure.” But he is skeptical that a change in administration will eliminate the long-term threat to American legal culture that is posed by the war against terror. Mashaw doubts that interbranch competition, or reforms within the executive branch, can assure respect for the rule of the law in times of national emergency. The best solution, he says, might be the previously unthinkable notion of “two constitutions” — one for normalcy, and one for emergencies — so that “actions taken and legally sanctioned in extraordinary times [do] not bleed into and shape the normal legal culture.” Sign up for notices about future downloads here.