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.
The War on Terrorism and the Constitution, 35 Md. B.J. 16 (2002)