San Diego Law Review

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This Article discusses the United States' commitment to constitutional governance and the accountability of power and specifically the judiciary's obligation to protect civil liberties from excessive governmental intrusion during times of war. The author begins by describing Chief Justice Rehnquist's 1998 book All the Laws But One: Civil Liberties in Wartime, in which the Chief Justice predicts and suggests that during times of war, courts should bypass judicial principles that traditionally have protected individuals against excessive government intrusion. The author argues that the United States government must demonstrate self-control whether at war or peace. He supports his argument by exploring the evolution of the administrative state in consonance with adherence to criteria that assure administrative agencies' accountability. The author discusses many cases that implement principles and viable standards for fusing needed polices with fundamental fairness such as INS v. Chadha and Clinton v. New York.

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