Brief Remarks on the Supreme Court's Role after 9/11: Continuing the Legal Conversation in the War on Terror

8 Pages Posted: 5 Feb 2009 Last revised: 2 Jun 2009

Anthony J. Colangelo

Southern Methodist University - Dedman School of Law

Date Written: February 2, 2009

Abstract

In thinking about what I might say on the topic of civil liberties after 9/11, an idea that occurred to me was to give a snapshot of the Supreme Court's role in the perceived tug-of-war between national security and individual rights, arising out of the "war on terror." How has the Court responded to the government's positions? And in what ways has it attempted to strike the proper balance under the Constitution?

The Supreme Court decisions are long and, at points, exceedingly technical. But I think there are a couple of themes we can pull out, and in doing so, frame a discussion about how best to manage this apparent tension between government's duty to make this country safe on the one hand, and its obligation to keep it as free as possible on the other.

Suggested Citation

Colangelo, Anthony J., Brief Remarks on the Supreme Court's Role after 9/11: Continuing the Legal Conversation in the War on Terror (February 2, 2009). Southern Methodist University Law Review, Vol. 62, 2009; SMU Dedman School of Law Legal Studies Research Paper No. 00-36. Available at SSRN: https://ssrn.com/abstract=1337781

Anthony J. Colangelo (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States
2147682372 (Phone)

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