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Byline: Stephen Henderson
WASHINGTON _ Late in the Supreme Court arguments last week over the Bush administration's jailing of two citizens as suspected terrorists, the president's advocate stripped the legal veneer from his position and exposed the bold proposition underneath.
Deputy Solicitor General Paul Clement told the justices that at some point, "you have to trust the executive to make the kind of quintessential military judgments that are involved." Trust that the government isn't detaining citizens without sufficient reason. Trust that the president won't exceed his constitutional authority.
It was a theme that ran prominently through these cases at the high court, as the Bush administration defended not only the arrests of Americans and foreigners alike in its war on terror, but also its need for unchecked secrecy in the setting of energy policy at the White House. Time and again, government lawyers proposed a "trust us" model for the relationships between the executive, the Congress, the courts and the American people. ...
Source: HighBeam Research, Bush administration challenging limits on executive power.