The National Security Presidency in Constitutional Context: Reflections on Terrorism and the Presidency from the Last Ten Years

Authors

James E. Baker, Georgetown University Law Center

Document Type

Article

Publication Date

2003

Abstract

In this time of terrorist threat, there is no more important institution to study than the national security presidency. That is because the president is singularly situated to command the instruments to counter terrorism. He is also singularly situated to ensure that such instruments are used effectively, lawfully, and in a manner consistent with constitutional values. I believe I have a duty, based on where I have been, to help others observe and understand the institution of the presidency. I do so because I want the national security presidency to succeed in providing for our physical security and in upholding our constitutional way of life; or, as the president’s constitutional oath states succinctly, “to preserve, protect, and defend the Constitution.” Those who teach, interpret and study the presidency have an important duty to play in this process by testing the institution to ensure that these functions are successfully performed.

Publication Citation

Miller Center Rep., Spring/Summer 19, 2003, at 12-20

Scholarly Commons Citation

Baker, James E., "The National Security Presidency in Constitutional Context: Reflections on Terrorism and the Presidency from the Last Ten Years" (2003). Georgetown Law Faculty Publications and Other Works. 1433.
https://scholarship.law.georgetown.edu/facpub/1433