Jonathan Simon

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

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 version of the War Powers Resolution, a solution entirely...