Post Date: August 24, 2006

This week, Professor Laurence Tribe argued in an interview on WBUR’s program “On Point” that the executive branch has exceeded the scope of its constitutional power. Tribe debated the question of wartime powers with Douglas Kmiec, a professor of law at Pepperdine University. Audio of the conversation is available from WBUR’s website.

The interview focused on legal questions regarding detainment of enemy combatants, wire-tapping and the increased use of presidential “signing statements.” Both Tribe and Kmiec agreed that Congress has not sufficiently monitored this recent expansion of presidential power.

According to Tribe, Congress should play a more active role in implementing modern systems to respond to the threat of terrorism and respect freedoms and separation of powers outlined in the Constitution.