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	<title>AEIdeas &#187; John Yoo</title>
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	<link>http://www.aei-ideas.org</link>
	<description>The public policy blog of the American Enterprise Institute</description>
	<lastBuildDate>Wed, 19 Jun 2013 19:33:04 +0000</lastBuildDate>
	<language>en-US</language>
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		<title>Really? &#8216;A law enforcement approach to terrorism&#8217;?</title>
		<link>http://www.aei-ideas.org/2013/04/really-a-law-enforcement-approach-to-terrorism/</link>
		<comments>http://www.aei-ideas.org/2013/04/really-a-law-enforcement-approach-to-terrorism/#comments</comments>
		<pubDate>Sat, 20 Apr 2013 02:57:38 +0000</pubDate>
		<dc:creator>John Yoo</dc:creator>
				<category><![CDATA[Foreign and Defense Policy]]></category>
		<category><![CDATA[Terrorism]]></category>
		<category><![CDATA[Boston Marathon bombing]]></category>

		<guid isPermaLink="false">http://www.aei-ideas.org/?p=103342</guid>
		<description><![CDATA[How is this a victory for traditional law enforcement? Two young brothers, lightly armed, killed several innocent civilians, wounded 170, killed an officer and wounded another, and shut down one of America&#8217;s great cities. We had a whole city trapped &#8230; <a class="read-more" href="http://www.aei-ideas.org/2013/04/really-a-law-enforcement-approach-to-terrorism/">read more <span class="meta-nav">&#62;</span></a>]]></description>
				<content:encoded><![CDATA[<p>How is this a victory for traditional law enforcement? Two young brothers, lightly armed, killed several innocent civilians, wounded 170, killed an officer and wounded another, and shut down one of America&#8217;s great cities. We had a whole city trapped in its homes and paramilitary forces in its streets. Law enforcement alone means the nation lies vulnerable to attacks on soft targets and must expend enormous resources to catch the killers afterwards. A pre-emptive strategy based on intelligence and the use of force overseas seeks to prevent such attacks further from our shores. That option should be preferred by everyone compared to what we&#8217;ve seen in Boston these last five days.</p>
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		<title>Death of Osama bin Laden, one year later: Opportunities lost?</title>
		<link>http://www.aei-ideas.org/2012/05/death-of-osama-bin-laden-one-year-later-opportunities-lost/</link>
		<comments>http://www.aei-ideas.org/2012/05/death-of-osama-bin-laden-one-year-later-opportunities-lost/#comments</comments>
		<pubDate>Wed, 02 May 2012 15:48:19 +0000</pubDate>
		<dc:creator>John Yoo</dc:creator>
				<category><![CDATA[Terrorism]]></category>
		<category><![CDATA[Al Qaeda]]></category>
		<category><![CDATA[Death of bin laden]]></category>

		<guid isPermaLink="false">http://www.aei-ideas.org/?p=55494</guid>
		<description><![CDATA[AEI visiting scholar John Yoo reflects on the death of Osama bin Laden, one year later, as a part of the Enterprise blog&#8217;s latest symposium. Killing Osama bin Laden remains the Obama administration’s greatest—if not only—national security and foreign policy &#8230; <a class="read-more" href="http://www.aei-ideas.org/2012/05/death-of-osama-bin-laden-one-year-later-opportunities-lost/">read more <span class="meta-nav">&#62;</span></a>]]></description>
				<content:encoded><![CDATA[<p><em>AEI visiting scholar <a href="http://www.aei.org/scholar/john-yoo/" target="_blank">John Yoo</a> reflects on the death of Osama bin Laden, one year later, as a part of the Enterprise blog&#8217;s latest symposium.</em></p>
<p>Killing Osama bin Laden remains the Obama administration’s greatest—if not only—national security and foreign policy success. Obama’s agenda has otherwise met with setback after setback: Russian relations did not “reset” despite our unilateral withdrawal of an ABM system from Eastern Europe; Iran continues its quest for nuclear weapons while it destabilizes the Middle East; China’s rise to great power status remains undeterred; we have rushed for the exits in Iraq and Afghanistan; Latin American countries slide back into authoritarianism. In the face of these challenges, Obama’s vast expansion of the federal government at home threatens to impoverish the U.S. military for a generation.</p>
<p>Even the administration’s counter-terrorism success represents more opportunities lost. As the recent memoir by retired CIA officer Jose Rodriguez reminds us, the operation that killed bin Laden was made possible by an intelligence infrastructure that Obama has tried to dismantle. Information from the interrogation of Khalid Sheikh Mohammed and other al Qaeda operatives identified the sole courier with direct access to bin Laden. Electronic surveillance eventually located him, which allowed the CIA to pinpoint bin Laden’s compound in Abottabad. Without the intelligence obtained years before, the deadly Seal Team 6 would have had nowhere to fly. Bin Laden’s death came as a dividend to all of the Bush administration’s investment in intelligence gathering, primarily the exploitation of information held by al Qaeda leaders.</p>
<p>Bin Laden’s death, in fact, may be the last payment from those investments for some time to come. It is true that Obama kept, and even enhanced, the operations capabilities built by the Bush administration: The special forces teams and drones that can strike with stealth and accuracy, half-way around the world, at a moment’s notice. But even as Obama has kept the gun, he has deprived himself of the ability to aim. He has tried to shut down Guantanamo Bay, move terrorists to trial in downtown New York City rather than special military courts, and ended the enhanced interrogation of al Qaeda leaders. Instead, the administration has relied on drone attacks that kill rather than capture terrorists. The Obama administration has not captured a single high-ranking al Qaeda leader since taking office, surely because it has nowhere to put them (the administration detained the only al Qaeda operative of any note it has captured onboard a Navy ship until delivery to a federal court for trial) and has ended the harsh Bush administration interrogations.</p>
<p>Al Qaeda has suffered a severe blow with the loss of bin Laden. The drone campaign has forced the terrorist group to disperse and decentralize, which deprives it of the ability to leverage its resources and organization as it had before 9-11. The Arab Spring has made al Qaeda’s political message increasingly irrelevant to the Middle East’s future. But these advances may be more rare as the Obama administration continues to live off the investments of the past rather than to make the difficult choices necessary to finish al Qaeda in the future.</p>
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		<title>AEI Debate Prep: The rush for the exits in Afghanistan and Iraq</title>
		<link>http://www.aei-ideas.org/2011/11/aei-debate-prep-the-rush-for-the-exits-in-afghanistan-and-iraq/</link>
		<comments>http://www.aei-ideas.org/2011/11/aei-debate-prep-the-rush-for-the-exits-in-afghanistan-and-iraq/#comments</comments>
		<pubDate>Thu, 10 Nov 2011 14:17:00 +0000</pubDate>
		<dc:creator>John Yoo</dc:creator>
				<category><![CDATA[Foreign and Defense Policy]]></category>
		<category><![CDATA[AEI debate prep]]></category>
		<category><![CDATA[Afghanistan]]></category>
		<category><![CDATA[Iraq]]></category>
		<category><![CDATA[Troop withdrawal]]></category>

		<guid isPermaLink="false">http://www.aei-ideas.org/?p=42856</guid>
		<description><![CDATA[This post is part of an ongoing series preparing for the AEI/CNN/Heritage National Security &#38; Foreign Policy GOP presidential debate on November 22. See the rest of the posts here. Serious Republican candidates should be able to agree that as &#8230; <a class="read-more" href="http://www.aei-ideas.org/2011/11/aei-debate-prep-the-rush-for-the-exits-in-afghanistan-and-iraq/">read more <span class="meta-nav">&#62;</span></a>]]></description>
				<content:encoded><![CDATA[<p><em>This post is part of an ongoing series preparing for the AEI/CNN/Heritage National Security &amp; Foreign Policy GOP presidential debate on November 22. See the rest of the posts <a title="http://www.aei.org/topic/gop-debate/" href="http://www.aei.org/aei-website/managed-content/site-pages/top-ten-foreign-policy-issues-you-should-know-about/top-ten-foreign-policy-issues-you-should-know.html">here</a>.</em></p>
<p>Serious Republican candidates should be able to agree that as president, they will reverse the Obama administration&#8217;s headlong rush for the exits in Afghanistan and Iraq. The nature of the wound Obama has inflicted on American national security is clear: after helping establish a viable ally in Iraq, we are leaving no significant presence, and just as our forces are reestablishing order and putting the Taliban on the run in Afghanistan, we are leaving before the gains can be solidified. We will be giving our enemies an undeserved gift: Iran will have the opportunity to expand its influence further into Iraq, while the Taliban and al Qaeda will move in where we withdraw in Afghanistan.</p>
<p>But what should the candidates propose as the role for U.S. troops in both countries, other than stubbornness or a knee-jerk opposition to all things Obama? The Republican candidates can chart a course in both countries that avoids expensive and open-ended promises to establish Western-style democracies. Instead, they can focus on two more limited, but equally valuable, missions: protecting Iraq and Afghanistan from foreign security threats and guaranteeing power-sharing deals between rival groups inside both countries. I make the case in a recent scholarly article, “<a href="http://ssrn.com/abstract=1552395" target="_blank">Fixing Failed States</a>,” that smaller independent nations can survive and avoid the fate of failed states when larger states or the international system provides their security and access to trade. I also argue that larger countries like the United States can help stabilize these countries when they prevent a cycle of violence and distrust by enforcing deals between various ethnic and religious groups within a state.</p>
<p>Republican candidates for president could aim for these more modest missions in Iraq and Afghanistan, which would require fewer troops than we have seen at the height of the surges but would go far in helping both nations maintain stable economic and political systems. They can avoid Obama&#8217;s false choice between large troop deployments or a complete exit and instead propose a policy that would maintain a responsible role for the United States and keep both countries as allies, making sure that the wars of the last 10 years have not been in vain.</p>
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		<title>Three Important Developments Prevented Further Attacks</title>
		<link>http://www.aei-ideas.org/2011/09/three-important-developments-prevented-further-attacks/</link>
		<comments>http://www.aei-ideas.org/2011/09/three-important-developments-prevented-further-attacks/#comments</comments>
		<pubDate>Fri, 09 Sep 2011 12:46:26 +0000</pubDate>
		<dc:creator>John Yoo</dc:creator>
				<category><![CDATA[Terrorism]]></category>

		<guid isPermaLink="false">http://www.aei-ideas.org/?p=37689</guid>
		<description><![CDATA[Looking back over the last decade, we can see three important legal developments that prevented further attacks on the United States. President Bush chose to treat the 9/11 attacks as an act of war, not crime. Our national security agencies &#8230; <a class="read-more" href="http://www.aei-ideas.org/2011/09/three-important-developments-prevented-further-attacks/">read more <span class="meta-nav">&#62;</span></a>]]></description>
				<content:encoded><![CDATA[<p>Looking back over the last decade, we can see three important legal developments that prevented further attacks on the United States. President Bush chose to treat the 9/11 attacks as an act of war, not crime. Our national security agencies began to share intelligence and our military developed quick-strike capabilities to exploit it. Our separation of powers worked and civil liberties remain robust.</p>
<p>Critics commonly assert that the president went too far in the war on terror and individual liberties have suffered. But the Framers intended the Constitution to create a system where the branches of government would struggle over national security policy, and that is what we&#8217;ve seen the last 10 years. Also during that time, political speech and activity has exploded, thanks to the Internet, social media, and radio and cable talk shows. All that political debate has produced several changes in party control of the presidency and Congress, the real check on any abuses of power.</p>
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		<title>Obama Wants Chicago-Style Politics for DC</title>
		<link>http://www.aei-ideas.org/2011/07/obama-wants-chicago-style-politics-for-dc/</link>
		<comments>http://www.aei-ideas.org/2011/07/obama-wants-chicago-style-politics-for-dc/#comments</comments>
		<pubDate>Wed, 20 Jul 2011 14:43:29 +0000</pubDate>
		<dc:creator>John Yoo</dc:creator>
				<category><![CDATA[Politics and Public Opinion]]></category>

		<guid isPermaLink="false">http://www.aei-ideas.org/?p=35584</guid>
		<description><![CDATA[Rumors circulate that President Obama plans to soon issue a directive to further impose Chicago-style politics on Washington, D.C. The executive order, leaked a few months ago, would require anyone doing business with the government to publicly disclose his or &#8230; <a class="read-more" href="http://www.aei-ideas.org/2011/07/obama-wants-chicago-style-politics-for-dc/">read more <span class="meta-nav">&#62;</span></a>]]></description>
				<content:encoded><![CDATA[<p>Rumors circulate that President Obama plans to soon issue a directive to further impose Chicago-style politics on Washington, D.C. The executive order, leaked a few months ago, would require anyone doing business with the government to publicly disclose his or her political activities, such as giving money to candidates or donating to the National Rifle Association or Planned Parenthood. In an <a href="http://www.aei.org/outlook/101066" target="_blank">AEI Legal Outlook</a>, David Marston and I delve deeper into the First Amendment right to speak anonymously and President Obama’s campaign to introduce into federal contracting pay-to-play tactics more typical of corrupt city halls. Following its defeat in Citizens United (which struck down financial limits on political advocacy by corporations and unions), the Obama administration has launched an unprecedented assault on free speech–here, even President Nixon considered, but ultimately dropped, ideas to discriminate against government contractors because of their politics. Under the guise of “transparency” and “accountability,” the executive order would open the door for retaliation against those opposed to the party in power and who hold unpopular views, as happened to the NAACP in the days of the civil rights movement or to supporters of California’s Proposition 8 banning gay marriage.</p>
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		<title>Obama Should&#8217;ve Sought Congressional Cooperation on Libya</title>
		<link>http://www.aei-ideas.org/2011/06/obama-shouldve-sought-congressional-cooperation-on-libya/</link>
		<comments>http://www.aei-ideas.org/2011/06/obama-shouldve-sought-congressional-cooperation-on-libya/#comments</comments>
		<pubDate>Fri, 24 Jun 2011 19:21:49 +0000</pubDate>
		<dc:creator>John Yoo</dc:creator>
				<category><![CDATA[Foreign and Defense Policy]]></category>

		<guid isPermaLink="false">http://www.aei-ideas.org/?p=34497</guid>
		<description><![CDATA[Today&#8217;s House votes on the Libya resolution turned out exactly as they should have. President Obama is relying on his commander-in-chief and chief executive authority to use force in Libya. Despite what he said as an antiwar candidate, Obama doesn&#8217;t need Congress&#8217;s &#8230; <a class="read-more" href="http://www.aei-ideas.org/2011/06/obama-shouldve-sought-congressional-cooperation-on-libya/">read more <span class="meta-nav">&#62;</span></a>]]></description>
				<content:encoded><![CDATA[<p>Today&#8217;s House votes on the Libya resolution turned out exactly as they should have. President Obama is relying on his commander-in-chief and chief executive authority to use force in Libya. Despite what he said as an antiwar candidate, Obama doesn&#8217;t need Congress&#8217;s authorization as a constitutional matter. He only needed Congress&#8217;s funding, and that he got when the House rejected cutting off the Libyan operation. But it makes sense as a matter of good politics for the Obama administration to seek congressional cooperation, as George W. Bush did in both Afghanistan and Iraq, and the sad fact is that the president&#8217;s men and women went to almost no effort to seek it.</p>
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		<title>Bush-Obama Continuity Is the Key to Terror War Victories</title>
		<link>http://www.aei-ideas.org/2011/05/bush-obama-continuity-is-the-key-to-terror-war-victories/</link>
		<comments>http://www.aei-ideas.org/2011/05/bush-obama-continuity-is-the-key-to-terror-war-victories/#comments</comments>
		<pubDate>Mon, 02 May 2011 15:41:49 +0000</pubDate>
		<dc:creator>John Yoo</dc:creator>
				<category><![CDATA[Terrorism]]></category>
		<category><![CDATA[Barack Obama]]></category>
		<category><![CDATA[George W Bush]]></category>
		<category><![CDATA[Osama bin Laden]]></category>
		<category><![CDATA[War on terror]]></category>

		<guid isPermaLink="false">http://www.aei-ideas.org/?p=31482</guid>
		<description><![CDATA[President Obama&#8217;s administration is to be congratulated for the flawless execution of the operation that killed Osama bin Laden.  Also, buried in the stories may be yet another sign of the vindication of the Bush administration&#8217;s war on terror policies. &#8230; <a class="read-more" href="http://www.aei-ideas.org/2011/05/bush-obama-continuity-is-the-key-to-terror-war-victories/">read more <span class="meta-nav">&#62;</span></a>]]></description>
				<content:encoded><![CDATA[<div id="attachment_31484" class="wp-caption alignright" style="width: 310px"><a rel="attachment wp-att-31484" href="http://www.aei-ideas.org/2011/05/bush-obama-continuity-is-the-key-to-terror-war-victories/obamabush/"><img class="size-medium wp-image-31484" title="obamabush" src="http://www.aei-ideas.org/wp-content/uploads/2011/05/obamabush-300x231.jpg" alt="" width="300" height="231" /></a><p class="wp-caption-text">(Official White House photo)</p></div>
<p>President Obama&#8217;s administration is to be congratulated for the flawless execution of the operation that killed Osama bin Laden.  Also, buried in the stories may be yet another sign of the vindication of the Bush administration&#8217;s war on terror policies. Anonymous government sources say that the al Qaeda courier who led our intelligence people to bin Laden was a protege of Khalid Sheikh Mohammed, the architect of the 9/11 attacks who was captured in 2002, subjected to enhanced interrogation methods, and yielded a trove of intelligence on al Qaeda. Those same sources admit that interrogation of al Qaeda leaders, presumably by the CIA, yielded the identity of the courier. That identity was then combined into a mosaic of other information from other detainee interrogations, electronic intercepts, and sources in other countries, to eventually identify bin Laden&#8217;s hideout.</p>
<p>Without the tough decisions taken by President Bush and his national security team, the United States could not have found and killed bin Laden. It is the continuity of policies in the war on terror that has brought success, not the misguided effort of the last two years to disavow them.</p>
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		<title>Drones Mean Lost Intel</title>
		<link>http://www.aei-ideas.org/2011/01/drones-mean-lost-intel/</link>
		<comments>http://www.aei-ideas.org/2011/01/drones-mean-lost-intel/#comments</comments>
		<pubDate>Fri, 21 Jan 2011 10:58:15 +0000</pubDate>
		<dc:creator>John Yoo</dc:creator>
				<category><![CDATA[Terrorism]]></category>

		<guid isPermaLink="false">http://www.aei-ideas.org/?p=25260</guid>
		<description><![CDATA[Drones don&#8217;t take prisoners. They also cannot interrogate high-ranking al Qaeda leaders. As a result, the United States today is killing more terrorists abroad, but it is losing our most valuable source of intelligence on the enemy. Meanwhile, the enemy &#8230; <a class="read-more" href="http://www.aei-ideas.org/2011/01/drones-mean-lost-intel/">read more <span class="meta-nav">&#62;</span></a>]]></description>
				<content:encoded><![CDATA[<p>Drones don&#8217;t take prisoners. They also cannot interrogate high-ranking al Qaeda leaders. As a result, the United States today is killing more terrorists abroad, but it is losing our most valuable source of intelligence on the enemy. Meanwhile, the enemy has only redoubled its efforts to launch unconventional attacks on the U.S. homeland: witness the failed Christmas Day 2009 and Times Square bombings, among others.</p>
<p>These events are the inevitable consequences of President Obama&#8217;s naive decision two years ago: to close the terrorist detention facility at Guantánamo Bay, Cuba. Apparently convinced by the anti-war Left&#8217;s irresponsible allegations of widespread abuse and torture at Gitmo, Obama surely believed that his decision would help our anti-terrorism efforts, by making the United States more popular abroad and removing a terrorism recruitment tactic.</p>
<p>Instead, Obama has produced the opposite result. While Congress has succeeded in keeping Obama from closing the base and transferring enemy prisoners to the United States for trial in civilian court, he has stopped the United States from bringing any more prisoners to Cuba. This creates a strong incentive, if not command, to the troops in the field not to capture any more terrorists. Not only does this mean that more people die—not just al Qaeda leaders but nearby innocent civilians—but we lose the information they might provide us. And that is the most valuable weapon in this war, for only by learning al Qaeda&#8217;s plans can we take action to preempt their attacks on the U.S. homeland.</p>
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		<title>The Growing Crisis in Civil-military Relations</title>
		<link>http://www.aei-ideas.org/2010/06/the-growing-crisis-in-civil-military-relations/</link>
		<comments>http://www.aei-ideas.org/2010/06/the-growing-crisis-in-civil-military-relations/#comments</comments>
		<pubDate>Thu, 24 Jun 2010 18:51:46 +0000</pubDate>
		<dc:creator>John Yoo</dc:creator>
				<category><![CDATA[Foreign and Defense Policy]]></category>

		<guid isPermaLink="false">http://www.aei-ideas.org/?p=15927</guid>
		<description><![CDATA[I ran an op-ed today in the Wall Street Journal on the firing of General McChrystal. Over on the Ricochet.com website, I blog about the growing crisis in civil-military relations since the end of the Cold War. Another point to &#8230; <a class="read-more" href="http://www.aei-ideas.org/2010/06/the-growing-crisis-in-civil-military-relations/">read more <span class="meta-nav">&#62;</span></a>]]></description>
				<content:encoded><![CDATA[<p>I ran an <a href="http://online.wsj.com/article/SB10001424052748704629804575324610902472990.html" target="_blank">op-ed</a> today in the Wall Street Journal on the firing of General McChrystal. Over on the <a href="http://www.Ricochet.com" target="blank">Ricochet.com</a> website, I blog about the growing crisis in civil-military relations since the end of the Cold War. Another point to make is that it was almost predictable that there would be such a crisis under President Obama, not because of Obama&#8217;s obviously uncomfortable attitude toward national security matters, but because of the serious harm done to civil-military relations by Congress during the last half of the Bush years. Congressional Democrats encouraged and fed upon the resistance by officers and retired generals to Secretary Donald Rumsfeld and the Iraq war. This blurred lines of accountability in civilian control over the military, and led to greater military independence. The wider the policy differences between the military brass and the president, the more you will see appeals to Congress and efforts to undermine direct presidential control—and this should happen more often under a Democratic president than a Republican, for many reasons. This sort of thing happens all the time with regulatory agencies, which are only too happy to play off the White House against the Congress to create freedom for themselves—but the Constitution, I believe, is meant to prevent this from happening to an institution as dear as the presidency.</p>
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		<title>Borking Kagan</title>
		<link>http://www.aei-ideas.org/2010/06/borking-kagan/</link>
		<comments>http://www.aei-ideas.org/2010/06/borking-kagan/#comments</comments>
		<pubDate>Thu, 24 Jun 2010 14:49:30 +0000</pubDate>
		<dc:creator>John Yoo</dc:creator>
				<category><![CDATA[Supreme Court]]></category>

		<guid isPermaLink="false">http://www.aei-ideas.org/?p=15896</guid>
		<description><![CDATA[Robert Bork&#8217;s criticism of Elena Kagan—for her admiration of Chief Justice Aharon Barak of the Israeli Supreme Court—is well-founded. Barak is the poster child for judicial activism. Barak has brazenly pushed the power of the Court to the point where &#8230; <a class="read-more" href="http://www.aei-ideas.org/2010/06/borking-kagan/">read more <span class="meta-nav">&#62;</span></a>]]></description>
				<content:encoded><![CDATA[<p><a href="http://www.weeklystandard.com/blogs/robert-bork-elena-kagan" target="_blank"><img class="alignright size-medium wp-image-15939" title="kagan1" src="http://www.aei-ideas.org/wp-content/uploads/2010/06/kagan1-300x225.jpg" alt="kagan1" width="300" height="225" />Robert Bork&#8217;s criticism of Elena Kagan</a>—for her admiration of Chief Justice Aharon Barak of the Israeli Supreme Court—is well-founded. Barak is the poster child for judicial activism. Barak has brazenly pushed the power of the Court to the point where it reviews the use of lethal force to target terrorist leaders, hears cases brought by human rights groups against the Israeli intelligence agencies and their detention and interrogation policies, and even directs the Israeli government where the wall along the Palestinian territory should run. All of this without anything like an American-style written Constitution! And Barak is not shy about what he is doing—he has openly said that he believes his job is not interpreting Israeli law, but doing &#8220;justice&#8221; and advancing democracy, despite his lack of any constitutional warrant. If transplanted to the United States, Barak&#8217;s approach would convert the U.S. Supreme Court into a super-legislature second-guessing every decision of the political branches of government, where the Constitution vests decisions on war and peace. That Kagan holds Barak up as a judicial hero may reveal something about her closely held attitudes toward judicial power in wartime.</p>
<h5>Image by <a href="http://www.flickr.com/photos/hlrecord/4595800730/" target="_blank">Harvard Law Record</a></h5>
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