The Costs of Post-9/11 National Security Strategy
The American legal system has always attached special significance to national security issues. It is not an anomaly that treason is the only crime actually defined in the Constitution. Since the founding of this country, the judiciary has been intimately involved in the government's efforts to protect against national security threats. However, since the events of September 11, 2001, the courts' role in national security matters has become increasingly important. Many of the government's initiatives implemented in the wake of September 11 raise serious constitutional questions, and it is up to the judiciary to articulate the constitutionally permissible balance between ensuring national security and protecting civil liberties.
Heidee Stoller, Tahlia Townsend, Rashad Hussain & Marcia Yablon, The Costs of Post-9/11 National Security Strategy, 22 YALE L. & POL'Y REV. 197 (2004).