Sunstein ADMINISTRATIVE LAW GOES TO WAR桑斯坦的行政法将走向战争.pdfVIP

ADMINISTRATIVE LAW GOES TO WAR Cass R. Sunstein∗ Consider the following cases: (1) The President initiates military action against Iraq in 2003, con- tending that the best evidence suggests that Saddam Hussein “aided the terrorist attacks that occurred on September 11, 2001.” (2) The President initiates military action against Iran in 2006, con- tending that the Central Intelligence Agency can show that Iran’s gov- ernment has “harbored” members of al Qaeda since 1999.1 (3) The President