Distortion of Power: The State Secrets Privilege, Separation of Powers, and the Formation of an American King.

The terrorist attacks of September 11, 2001 have caused a seismic shift in the legal landscape of our country. The so-called "war on terror" has brought a renewed focus on the breadth and scope of executive power and the appropriate role of all three branches of government within the constructs of national security. Relying upon the state secrets privilege, which can finds its origins in prerogative of English Kings and developing common law, the Bush Administration attempted to dismiss all civil cases concerning the extraordinary rendition program, and the NSA Terrorist Surveillance Program. This paper will chronicle the common law origins of this privilege, its incorporation into the Constitutional framework of American jurisprudence, and its use throughout the "war on terror." Finally, it will offer comments upon how to restructure the use of the state secrets privilege and to promote a renewed focus on the commingling of governmental branches in "constitutional dialogue." ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]