Mention "Constitutional Limits on Coercive Interrogation", by Amos N. Guiora. The "Geneva Convention" model of the just war is outdated by the jihadist network since this is not a state and the jihadists are not soldiers in the traditional sense. The author is clear about the Congress's abdication of responsibility on this issue. He's a constitutional scholar with experience on the front lines of this issue as a commander with the IDF. He proposes a "hybrid model" for the "new architecture" which maintains basic rights for the accused but also gives new power to the government to fight the enemy in this war.

Unfortunately, Guiora is a rather poor writer. However he's a very creative thinker and his work is worthwhile for this reason. No one, including Wittes, has gone as far as Guiora does in making our constitution respond to the fact of war with a "networked" enemy.