LESSONS ENCOUNTERED

Rostow and Rishikof
too deeply, and in so many ways, that the idea of law could never be captured in a single
perspective.” Ibid.
9
Conversation with C. Dean McGrath, Jr., Deputy Chief of Staff, Office of the Vice President,
2001–2005.
10
Department of Justice, Amerithrax Investigative Summary: Released Pursuant to the
Freedom of Information Act (Washington, DC: Department of Justice, 2010), available at
.
11
Jeanne Guillemin, American Anthrax: Fear, Crime, and the Investigation of the Nation’s
Deadliest Bioterror Attack (New York: Times Books, 2011), 245–249.
12
On his last day in office, Secretary of State Dean Rusk remarked to his colleague Eugene
Rostow, the Under Secretary of State for Political Affairs, that there had been no nuclear
wars on his watch, thus revealing the importance of that concern during his 8 years in
office.
13
See, generally, Gabriella Blum and Philip B. Heymann, Laws, Outlaws, and Terrorists:
Lessons from the War on Terrorism (Cambridge: MIT Press, 2010).
14
See the Constitution Project, Report on Post-9/11 Detentions (Washington, DC: Liberty
and Security Initiative of the Constitution Project, June 2, 2004), available at .
15
See, for example, Yoram Dinstein, The Conduct of Hostilities under the Law of International
Armed Conflict, 2 nd ed. (Cambridge: Cambridge University Press, 2010). “Laws of
war” or “law of armed conflict” are more precise terms than “international humanitarian
law” and therefore preferred.
16
U.S. Const. art. II, §§ 1–2.
17
See, for example, Harold Hongju Koh, The National Security Constitution: Sharing Power
after the Iran-Contra Affair (New Haven: Yale University Press, 1990); Eugene V. Rostow,
President, Prime Minister, or Constitutional Monarch? McNair Paper No. 3 (Washington,
DC: NDU Press, 1989); Henry Bartholomew Cox, War, Foreign Affairs, and Constitutional
Power, 1829–1901 (Cambridge: Ballinger, 1984); Abraham D. Sofaer, War, Foreign Affairs,
and Constitutional Power: The Origins (Cambridge: Ballinger, 1976); Louis Henkin, Foreign
Affairs and the Constitution (Mineola, NY: Foundation Press, 1972); Edward S. Corwin, The
President: Office and Powers, 1787–1957 (New York: New York University Press, 1957); Robert
F. Turner, “The Constitutional Framework for the Division of National Security Powers
among Congress, the President, and the Courts,” in National Security Law, ed. John Norton
Moore and Robert F. Turner (Durham, NC: Carolina Academic Press, 2005), 779–841.
18
Robert F. Turner, “The Authority of Congress and the President to Use the Armed
Forces,” in National Security Law, 843–884; Marbury, 137; Youngstown Sheet & Tube Co. v.
Sawyer, 343 U.S. 578 (1952); Robert F. Turner, “Truman, Korea, and the Constitution: Debunking
the ‘Imperial President’ Myth,” Harvard Journal of Law and Public Policy 19, no.
2 (Winter 1996), 533; Louis Fisher, “The Korean War: On What Legal Basis Did Truman
Act?” American Journal of International Law 89, no. 1 (1995), 21.
382