Emory University School of Law
In The Constitution in Wartime: Beyond Alarmism and Complacency, Mark Tushnet distinguishes two voices: "alarmists who see in every action taken by the Bush [A]dministration a portent of gross restrictions on the civil liberties of all Americans, and administration shills who see in those actions entirely reasonable, perhaps even too moderate, accommodations of civil liberties to the new realities of national security."1 Tushnet's volume contains essays, including one by us,2 which he judges to lie "beyond alarmism and complacency" (or perhaps between alarmism and complacency). But critics of the Bush Administration's theory of the unitary executive may be alarmed by what we say here, and defenders of that theory may view us as complacent shills for the Obama Administration!
Sotirios Barber & James Fleming,
Constitutional Theory and the Future of the Unitary Executive
Emory Law Journal
Available at: https://scholarship.law.bu.edu/faculty_scholarship/2813