Minority Rights, the Fight Against Terrorism, and the Constitution
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Professor Edward Corwin, an eminent legal and political scholar, wrote that the U.S. Constitution is an "invitation to struggle"-an invitation to struggle among competing ideas, among competing centers of power, and among competing responsibilities in the exercise of governmental authority.
In the domain of national security, the "invitation to struggle" built into the Constitution has been tested many times. In combatting terrorism, these Constitutional issues have taken on different and much more complex forms. They also require more careful attention on our part if we are to strike the proper balance and preserve both our security and the values that define our free society within the rule of law.
There are many facets to this important question, but in this essay I want to focus on the impact of the so-called "war on terrorism" on civil rights, in particular the rights of minorities.
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