There has never been a time when lawyers and courts have had so much influence over the conduct of war.

This is where the Supreme Court’s decisions in Hamdi and Rasul have taken us, as many of us predicted. And now, when the president exercises his legitimate and traditional constitutional authority during war-time, including ordering the interception of enemy communications, he is said to be acting as an “imperial” president. And the lawyers representing the enemy are lining up for their court dates.