Abstract
In a system of divided government, it is the executive’s job to secure the nation against external threats — and power naturally accrues to that branch during wartime. Even so, it is equally the legislature’s duty to oversee the executive’s administration of that power and the judiciary’s duty to mitigate its abuse — reducing it where needed to bring the system back into balance. In prosecuting America’s war on terror, this president has coerced Congress to abandon its oversight role and abdicate its power. Only the courts remain an obstacle to permanent fixture of these new prerogatives in the executive. Although some preliminary rulings give hope, it remains to be seen whether the courts will rise to function as guardians of civil liberty and equal justice during this crisis.