Many of the policies of the "War on Terror" have been controversial because of their possible violation of the law and redistribution of power amongst the different branches of government. In this article I show that the problem with these policies goes much deeper. By showing the necessary conceptual elements of law, I show that many of these policies, are not simply illegal but they fail to be law governed at all by any conception of law. This violates the foundations of American constitutionalism that subordinates every government action to the rule of law.
Keywords: Rule of law, war on terror, power, torture, reason