Sunday, February 24, 2013

An Executive Branch ‘Drone Court’ - Neal Katyal

The idea of a court to which one would apply to get the OK for a military strike beyond our borders strikes me as a constitutional impossibility.  Such decisions are plainly part of the President's Article II authority as commander in chief and to conduct foreign affairs.  If the Congress - as part of its Article I oversight and war-declaration authority - wants to create a mechanism for the executive, fine.  But it should not be located in the Article III judicial branch.  Former Solicitor General Neal Katyal explains why.  - GWC
An Executive Branch ‘Drone Court’ -
by Neal Katyal

IN the wake of revelations about the Obama administration’s drone program, politicians from both parties have taken up the idea of creating a “drone court” within the federal judiciary, which would review executive decisions to target and kill individuals.But the drone court idea is a mistake. It is hard to think of something less suitable for a federal judge to rule on than the fast-moving and protean nature of targeting decisions.Fortunately, a better solution exists: a “national security court” housed within the executive branch itself. Experts, not generalists, would rule; pressing concerns about classified information would be minimized; and speedy decisions would be easier to reach.

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