Patriots Debate: The Meaning of the Constitution in a Time of Terror
Since the events of 2001, the intersection of law and terrorism has become one of the most volatile zones in the public square—a place where qualities of life and manners of death are deliberated against 225 years of the U.S. Constitution.
iStockphoto
Read all the articles in the Patriot Debate series:
WAR POWERS
- • Constitutional Dilemma: The Power to Declare War Is Deeply Rooted in American History by Richard Brust
- • War Powers Belong to the President by John Yoo
- • Only Congress Can Declare War by Louis Fisher
TARGETED KILLINGS
- • Uneasy Targets: How Justifying the Killing of Terrorists Has Become a Major Policy Debate by Richard Brust
- • Targeted Killing Is Lawful If Conducted in Accordance with the Rule of Law by Amos N. Guiora and Monica Hakimi
CYBERWARFARE
- • Cyberattacks: Computer Warfare Looms as Next Big Conflict in International Law by Richard Brust
- • What Is the Role of Lawyers in Cyberwarfare? by Stewart A. Baker and Charles J. Dunlap Jr.
COERCED INTERROGATIONS
- • Probing Questions: Experts Debate the Need to Create Exceptions to Rules on Coerced Confessions by Richard Brust
- • Should We Create Exceptions to Rules Regarding Coerced Interrogation of Terrorism Suspects? by Norman Abrams and Christopher Slobogin
DOMESTIC TERRORISM
- • Insider Threats: Experts Try to Balance the Constitution with Law Enforcement to Find Terrorists by Richard Brust
- • The Threat from Within: What Is the Scope of Homegrown Terrorism? by Gordon Lederman and Kate Martin
THIRD-PARTY DOCTRINE
- • Crashing the Third Party: Experts Weigh How Far the Government Can Go in Reading Your Email by Richard Brust
- • The Data Question: Should the Third-Party Records Doctrine Be Revisited? by Orin Kerr and Greg Nojeim
NATIONAL SECURITY LETTERS
- • Letters of the Law: National Security Letters Help the FBI Stamp Out Terrorism But Some Disapprove by Richard Brust
- • National Security Letters: Building Blocks for Investigations or Intrusive Tools? Michael German and Michelle Richardson, and Valerie Caproni and Steven Siegel
DETENTION POLICY
- • Detention Dilemma: As D.C. Circuit Considers Guantanamo Inmates, Can Judicial Review Harm Military? by Richard Brust
- • Detention Policies: What Role for Judicial Review? by Stephen I. Vladeck and Greg Jacob
This month we are offering the first in a series of debates about some of the enduring constitutional issues that pit personal freedom, national security, political expression, human rights and institutional responsibilities—each against the other. The entire series will be available as Patriots Debate: Contemporary Issues in National Security Law, an ABA Standing Committee on Law and National Security book scheduled for publication in spring 2012.
