The Yale Law Journal

Jonathan Simon


Parrhesiastic Accountability: Investigatory Commissions and Executive Power in an Age of Terror

Jonathan Simon

114 Yale L.J. 1419 (2005)

In War and Responsibility, John Hart Ely sought to answer a question that has bedeviled constitutional scholars since the beginning of the Republic: What meaningful checks should be placed on the power of the Executive in wartime? For Ely, the answer was a new and improved v…