Limiting Rights in Times of Crisis: Our Civil War Experience-A History Lesson for a Post-9-11 America

Finkelman, Paul

Journal: Cardozo Public Law, Policy & Ethics Journal

Volume: 2

First Page: 25

Year: 2003

Bluebook Citation: 2 CARDOZO PUB. L. POL 'Y & ETHICS J. 25 (2003)

Author: Paul Finkelman: all 62 publications


Abstract

The article examines the tension between national security and civil liberties during crises, using historical examples such as the Civil War and post-9/11 America to argue that while some restrictions on liberties may be necessary, they must be carefully limited to prevent abuse of power and erosion of constitutional rights. The analysis emphasizes the importance of judicial and legislative oversight to ensure that emergency measures do not undermine fundamental freedoms.

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