Terrorism and the Constitution

The conduct of the Reagan administration in this instance poses serious questions about the constitutional separation of powers and checks and balances, when questions of important foreign policy are concerned. These events and our reaction to terrorism provide a vehicle for studying the role and relationship of Congress, the executive, and the judiciary in matters of war and foreign affairs at a point where constitutional, international, and criminal law converge. How do terrorism and the Iran-Contra hearings relate to the Constitution? My thesis is that there is a tendency for the executive of this or any nation to eschew even constitutionally mandated avenues of problem solving considered to be cumbersome, inefficient, or inimical to the executive’s vision of the national interest in foreign affairs.

Published in BYU Studies Quarterly 27:3
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