Given President Obama's stated desire to look forward, not backward, with respect to interrogation policy and practice, news reports that Attorney General Holder is seriously considering appointing a special prosecutor to determine whether criminal charges should be brought against some CIA interrogators raise a host of questions and concerns. But the answer to the most important…

Administration and congressional negotiators reached agreement early Sunday on a package of actions to address the alarming financial situation facing the U.S. economy. Although several drafts of legislative language have been circulating, it is not yet possible to provide an overall assessment until the agreement's final language is examined carefully. The devil is…

At 9:30 this morning, the President spoke on the continuing negotiations with Congress to pass a plan to address the credit crisis. The gist of his remarks was: If it be done, let it be done quickly. Conservatives must append a further mandate: If it be done, let it be done constitutionally. Constitutionality is…

Even in times of difficulty or crisis, the constitutional design for legislation requires careful, bicameral deliberation and presentment to the President. For sound policy and constitutional reasons, Congress should not recess until it acts on a solution to the credit crisis, but it should also be mindful of the virtues of calm deliberation and the dangers…

The Senate is on the verge of passing legislation to extend the important intelligence surveillance authorities of the Protect America Act, passed six months ago. Those authorities, set to expire on February 1, allow the intelligence services to conduct surveillance of communications between persons located outside of the United States when the communications happen to…

Although some thoughtful lovers of liberty have lamented the half-empty aspects of the U.S. Solicitor General's recently-filed brief in the D.C. gun ban case (District of Columbia v. Heller), the portion that is full is legally far more significant in securing Second Amendment rights in the arena that counts most: the Supreme Court. On careful…

The House of Representatives would hamstring the wartime intelligence gathering of the United States if it passes the incorrectly named "Responsible Electronic Surveillance that is Overseen, Reviewed, and Effective Act of 2007," or RESTORE Act (H.R. 3773). Will Representatives who support the bill accept responsibility when the intelligence gap created by the bill results in a…

Congress may soon consider one or more non-binding resolutions expressing its "disagreement" with President Bush's plan to augment American forces in Iraq by 21,500 troops.[1] Such resolutions condemning the Commander in Chief's considered strategy to achieve victory and promote peace and stability in Iraq may play well on the campaign trail,…