This Comment examines how the United States should react to the threat of domestic terrorism while maintaining citizens' civil liberties in the wake of the events on September 11, 2001. The Comment first compares and contrasts three classic theories of democracy: constitutional democracy, representative democracy and deliberative democracy. It next describes how representative and constitutional democracy were applied during the Japanese internment during World War II. Part III compares the Japanese internment to the challenges after the September 11 attacks and analyzes the roles different branches should have in protecting civil liberties. Finally, the Comment recommends applying a theory of deliberative democracy in response to the September 11 attacks to best balance national security and civil liberties.
SEPTEMBER 11, 2001: THE CONSTITUTION DURING CRISIS: A NEW PERSPECTIVE,
29 Fordham Urb. L.J. 1715
Available at: http://ir.lawnet.fordham.edu/ulj/vol29/iss4/15