A Volokh Conspirator on Posner and Vermeule

Ilya Somin and are I miles apart on the political spectrum, but I am in complete agreement with his critique of Posner and Vermeule’s claim that “[t]he case for giving emergency power to the president rather than Congress rests on the simple point that a multi-member body cannot act quickly, decisively, and secretly.” Here’s a taste:

It is true that the executive can act more quickly, decisively, and secretly than Congress or the courts. It is not true that this is the only factor that matters, even in an emergency. The comparative executive advantages stressed by Posner and Vermeule are balanced several comparative shortcomings. Relative to Congress and the courts, the executive is more likely to fall prey to irrational small-group decisionmaking, more likely to excessively restrict civil liberties, and more likely to fall prey to a short time horizon.

If you found the symposium on “Terror in the Balance” interesting, Ilya’s post is a must-read. I just wish I could have articulated the points he raises as well as he did.