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现在在我们还没有经受恐怖袭击之前，正是建立一个战时总统委员会最适宜的时候了。现在设置一个委员会将是非常有益的,因为立法者不太可能会仓促地做出给总统过度权力的决定。在9/11这样的悲剧之后,人类的情绪不可避免地改变了我们的决策过程。现在建立一个委员会,美国人民能够采取适当的措施来对总统权威负责。2009年1月6日, H.R 104法案由密歇根州众议员约翰?科尼尔斯引入了众议院。该法案有47个联席保荐人，还包括一位共和党人。[1]这项法案是为了“建立一个总统战争权力和公民自由的国家委员会”[2]根据描述拥有不经过布什政府的复审而进行战争的权力。它包括一项调查“被军队和情报机构拘留…使用由军事审判统一法典规定的强化审讯技术或没有授权的技术…秘密调换监狱或其他旨在掩盖一个人的逮捕或拘留的政策…非常规性引渡”,以及最后的“国内不正当的电子监控。”

It would be expedient to establish a commission on presidential wartime powers now when we are not in the aftermath of a terrorist attack. A commission set in place now, would be extremely beneficial as it would be less likely that legislators would rush into a decision giving a President excessive authority. In the aftermath of a tragedy like 9/11, human emotion inevitably changes our decision making process. With the establishment of a commission now, Americans will be able to decide appropriate measures to account for presidential authority. On January 6th, 2009 Bill H.R 104 was introduced on the floor of the House of Representatives by Congressman John Conyers of Michigan. The bill has 47 co-sponsors including one Republican.[1] The bill is an attempt to “establish a national commission on presidential war powers and civil liberties”[2] which were carried out under allegedly unreviewable war powers by the Bush Administration. It includes an investigation of “detention by the Armed Forces and the intelligence community…the use by such entities of enhanced interrogation techniques or techniques not authorized by the Uniform Code of Military Justice…’ghosting’ or other policies intended to conceal an individual's capture or detention…extraordinary rendition” and finally “domestic warrantless electronic surveillance.”[3] Bill H.R 104 would give a truth commission approximately $3 million dollars and subpoena powers.[4] The commission would present an initial report in no later than a year, to report their findings and suggest recommendations and corrective measures.[5] There is sufficient evidence to argue that the United States has an obligation to establish a national commission, Bill H.R 104, to hold the Bush Administration accountable for the authorization of alleged unreviewable war powers. First it is necessary to examine the legal justification surrounding unreviewable presidential war powers, to then investigate three main forms of war powers that the president has used, and finally to understand the constitutional argument for a balance of power between the branches of government.

There is specific laws which pertain to access to information regarding covert actions authorized by the President of the United States. According to the National Security Act of 1947 the President “shall keep the congressional intelligence committees fully and currently informed of all covert actions.”[6]Importantly it must be noted that the 1947 act, however, also states that:

If the President determines that it is essential to limit access to the finding to meet extraordinary circumstances affecting vital interests of the United States, the finding may be reported to the chairmen and ranking minority members of the congressional intelligence committees, the Speaker and minority leader of the House of Representatives, the majority and minority leaders of the Senate, and such other member or members of the congressional leadership as may be included by the President.[7]

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