No one will question that this power is the most dangerous one to free government in the whole catalogue of powers. It usually is invoked in haste and excitement when calm legislative consideration of constitutional limitation is difficult. It is executed in a time of patriotic fervor that makes moderation unpopular. And, worst of all, it is interpreted by judges under the influence of the same passions and pressures. Always, as in this case, the Government urges hasty decision to forestall some emergency or serve some purpose and pleads that paralysis will result if its claims to power are denied or their confirmation delayed.

Robert H. Jackson (1892-1954) US Supreme Court Justice (1941-54), lawyer, jurist, politician
Woods v. Cloyd W. Miller Co., 333 U.S. 138, 146 (1948) (concurring)

On the executive "war power".

 
Added on 23-Feb-12 | Last updated 23-Feb-12
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