The War on Terrorism and the Constitution

Maryland Bar Journal, Vol. 35, No. 6, p. 16, November/December 2002

University of Baltimore School of Law Legal Studies Research Paper, Forthcoming

6 Pages Posted: 26 May 2010 Last revised: 20 Jul 2010

See all articles by Michael I. Meyerson

Michael I. Meyerson

University of Baltimore - School of Law

Date Written: November 2002

Abstract

Discussion of civil liberties during wartime often omit the fact that there can be no meaningful liberty at all if our homes and offices are bombed or our loved ones are killed or injured by acts of terror. The Government must be given the tools necessary to accomplish its vital mission. The first priority must be to win the war against terrorism. There are, however, other priorities. The United States, in its just battle for freedom, must ensure that freedom is preserved during that battle as well. Moreover, care must be taken so that an exaggerated cry of “emergency” is not accepted uncritically as an excuse for eliminating the protections of a free society. The role of citizens in general, and lawyers in specific, is to maintain the difficult balance between patriotism and skepticism.

Keywords: U.S. Constitution, War on Terrorism, Judiciary, Courts, Military Tribunals, Enemy Combatants, Civil Liberties, Freedom, Supreme Court, Governmental Authority

JEL Classification: K19, K39, K49, H56, N41, N42

Suggested Citation

Meyerson, Michael I., The War on Terrorism and the Constitution (November 2002). Maryland Bar Journal, Vol. 35, No. 6, p. 16, November/December 2002, University of Baltimore School of Law Legal Studies Research Paper, Forthcoming, Available at SSRN: https://ssrn.com/abstract=1611731

Michael I. Meyerson (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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