Nothing tests a nation's traditions of democracy and adherence to the rule of law so much as war, when the impulses of both the government and the governed are to find safety and security.
Two mistakes are readily made in such situations. One is to declare that constitutional principles cannot be bent or adapted to the moment, regardless of the consequences. ...
The second mistake in extraordinary times is to follow the basic impulse to go too far in curbing liberties, to justify whatever response seems necessary. ...
Sept. 11 has pushed the U.S. precisely into such a dilemma. ...
Given the enormous loss of life on Sept. 11 and the continuing terrorism threat to this nation, dramatic and immediate measures were absolutely appropriate. But these are enormous prosecutorial powers carried out, for the most part, with little or no judicial oversight. A heavy blanket of secrecy has been placed over most if not all of the government's investigative actions. ...
... Even when the nation has felt the need to suspend some of its liberties, the pendulum has invariably swung back to the protection of individual rights, thanks in great part to the genius of our system of checks and balances.
That doesn't happen, however, by default. It happens by conscientious use of the enormous power of government and careful scrutiny when that power is misused.
-- Chicago Tribune