In wartime, presidents are always tempted to expand their authority. But in doing so, they often reach beyond their constitutional mandate. Although the use of military tribunals can be necessary and even effective in times of war, Louis Fisher contends that these courts present a grave danger to open government and the separation of powers. Citing the constitutional provision vesting Congress with the authority to create tribunals, Fisher...
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Americas Constitutional Law Education & Reference History Law Legal History Military Specialties