April 2008 Vol. 106 No. 6 THE REVIEW

Posner: Not a Suicide Pact: The Constitution in a Time of National Emergency

Stephen Reinhardt

Weakening the Bill of Rights:
A Victory for Terrorism

Not a Suicide Pact: The Constitution in a Time of National Emergency. By Richard A. Posner. New York: Oxford University Press. 2006. Pp. xiv, 178. $18.95.

What is most remarkable about Richard Posner’s latest book—and he has written many—is that he argues that we should repose full confidence in the executive branch to handle the most sensitive constitutional issues of our time without once mentioning the flagrant breaches of law and critical falsehoods with which President Bush and his administration have deluged the public since 9/11. This only seven years after he composed a lengthy tome regarding President Clinton’s impeachment in which he appropriately, if harshly, condemned the president for his unethical and illegal conduct, principally his deliberate lies and purposeful lack of candor with the American people.  Nor, although perhaps less directly relevant to his present book, does Posner discuss at any point the lawlessness and deception of President Nixon and his high aides and advisors, let alone the Iran-Contra affair under the Reagan administration or the countless other executive branch abuses of power we have suffered in the past twenty-five years.

   //  VIEW PDF
& Other Current Events

Speedy Trial as a Viable Challenge to Chronic Underfunding in Indigent-Defense Systems

Across the country, underresourced indigent-defense systems create delays in taking cases to trial...

A Blended Approach to Reducing the Costs of Shareholder Litigation

Multiforum litigation and federal securities law class actions impose heavy costs on corporations and...

The Scope of Precedent

The scope of Supreme Court precedent is capacious. Justices of the Court commonly defer to sweeping rationales...

Reinventing Copyright and Patent

Intellectual property systems all over the world are modeled on a one-size-fits-all principle. However...

Protecting Whistleblower Protections in the Dodd-Frank Act

In 2008, the United States fell into its worst economic recession in over seventy years. In response,...
MAILING LIST
Sign Up to Join Our Mailing List