Law and the Long War: The Future of Justice in the Age of Terror

Brookings Institution fellow Wittes evaluates the “war on terror” from a refreshingly nonpartisan perspective that assesses the chasm between the gravity of American security needs and the “inadequacy” of its laws. Both a defense and critique of the Bush administration, the book argues in favor of many of the measures taken by the executive branch while condemning its failure to secure congressional cooperation and the necessary “legal architecture” to back policies that were bound to be unpopular. Wittes reserves his real ire for a legislature that has ignored its mandated responsibility of creating “coherent, legal structure for this war” and a Supreme Court that has attempted to extend its jurisdiction over detainees and is increasingly interfering in foreign policy. Wittes’s familiarity with the law and excellent analysis of contemporary Supreme Court cases give this book insight that transcends party politics and make for a fascinating read; however, his heavy reliance on legalese may alienate casual readers. His prose, when not bogged down by jargon, is appealing (“The Constitution is old—old and short”) and services a robust call to action. (June)