The United States Was a Miracle, by Bruce Fein

The Declaration of Independence and Constitution were miracles born of unique political and cultural circumstances unlikely ever to recur.

They celebrated and honored separation of powers pitting ambition against ambition—a structural  bill of rights to prevent executive branch tyranny.  The crown jewel was the exclusive monopoly of the war power by Congress. It has no incentive to declare war except in self-defense against an aggressor that had already broken the peace—unlike the executive. During wartime, the law falls silent. During wartime, secrecy, speed, and energy are paramount.  As Napoleon put it, “One bad general is better than two good ones.” During wartime, infinite power migrates to the president under the banner of national security, including the power to play prosecutor, judge, jury, and executioner over any person said to be an imminent or future threat. Congress becomes a spectator like an extra in a Cecil B. DeMille cinematic extravaganza. …

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