We the People—and Congress—Have Yet to Be Heard

The end of the Cold War marked a new beginning for the Constitution. Legal checks against presidential war-making had inevitably eroded in a world in which nuclear annihilation was a real possibility. The Soviet missile threat was considered ample justification for giving the President the power to respond instantaneously and without consultation.

BRUCE ACKERMAN and HAROLD HONGJU KOH

May 5, 1993