The Detention Power

Concerns over the proper separation of powers-the delicate interplay between the roles and responsibilities of the three branches of government have inundated the legal landscape in the aftermath of the terrorist attacks of September 11, 2001, and rightly so. Never is the correct balance of competing governmental interests more imperiled than during times of trouble, and there is little doubt that, more formal legal terminology aside, the past couple of years have been just that.