The Terror Government: Reconciling National Security Imperatives and the Rule of Law
Lawrence M. Friedman
In this Review Essay, I examine Professor Natsu Taylor Saito’s prescription for reinvigorating the rule of law as a guiding principle in American domestic and foreign policy-making, as outlined in her book, From Chinese Exclusion to Guantánamo Bay: Plenary Power and the Prerogative State. Her response to the danger of the prerogative state is essentially democratic, and I suggest that any democratic effort must include a role for the judiciary. Indeed, those who support the rule of law may find some solace in U.S. Supreme Court cases concerning various aspects of the war on terrorism; those cases offer a means by which we may begin the process of reconciling the imperatives of national security with the importance of adherence to binding legal rules.