Secret Law and the Threat to Democratic Government
“The notion of secret law has been described in court opinions and law treatises as ‘repugnant’ and ‘an abomination’,” observed Sen. Russ Feingold. “It is a basic tenet of democracy that the people have a right to know the law.”
“But the law that applies in this country is determined not only by statutes and regulations, but also by the controlling interpretations of courts and, in some cases, the executive branch. More and more, this body of executive and judicial law is being kept secret from Congress as well,” he said.
To probe that subject, Sen. Feingold’s subcommittee of the Senate Judiciary Committee held a hearing last April 30, the full record of which has just been published. See “Secret Law and the Threat to Democratic and Accountable Government.”
The hearing volume includes newly published responses (pdf) to questions for the record from John P. Elwood of the Justice Department Office of Legal Counsel, Prof. Dawn E. Johnsen, who is now working with the Obama transition team, former ISOO director J. William Leonard, myself, and others.
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Hurricanes cause around 24 deaths per storm – but the longer-term consequences kill thousands more. With extreme weather events becoming ever-more common, there is a national and moral imperative to rethink not just who responds to disasters, but for how long and to what end.
The program invites teams of researchers and local government collaborators to propose innovative projects addressing real-world transportation, safety, equity, and resilience challenges using mobility data.
The Pentagon’s new report provides additional context and useful perspectives on events in China that took place over the past year.