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Article
The Road Most Travel: Is the Executive’s Growing Preeminence Making America More Like the Authoritarian Regimes It Fights So Hard Against?
ExpressO (2014)
  • Ryan T. Williams
Abstract
Since September 11, 2001, the Executive branch of the Unites States government continues to accumulate power beyond which is granted to it under the U.S. Constitution. This Article examines how the Executive wields this additional power through a secret surveillance program, the indefinite detention of terror suspects, and the implementation of a kill list, where Americans and non-Americans alike are targeted and killed without any judicial determination of guilt or innocence. Moreover, Congress and the Judiciary have condoned the Executive’s unconstitutional power accumulation by not only remaining idle and refusing to challenge this taking, but by preventing other American citizens from challenging the Executive as well. The notion of separation of powers that has served as the foundation for America’s democracy is rapidly eroding. Without a check from the other branches of government on this growing Executive power to spy on, detain, and kill Americans, America is becoming less of a democracy and more like the authoritarian regimes it fights so hard to extinguish.
Keywords
  • Democracy,
  • Terrorism,
  • Separation of Powers,
  • Constitutional Law,
  • War on Terror,
  • Authoritarian,
  • NSA spying,
  • indefinite detention,
  • kill list,
  • targeted killing
Publication Date
August 8, 2014
Citation Information
Alabama Civ. Rights & Civ. Lib. L. Rev, Spring 2015