Civil Liberties, National Security and US Courts in Times of Terrorism

Civil liberties in democratic countries have been threatened by counterterrorism measures that sacrifice liberty for security.  The United States has been no exception. The courts in the United States have often been seen as the bastion of civil liberties protection, but they have given Presidents and Congresses a great deal of deference in dealing with foreign policy and latitude when national security is an issue.  This deference and the latitude on national security issues - especially after 9/11, the lack of judicial information in the foreign policy area, and the nearly absolute (plenary) power over immigration issues held by Congress and the executive branch have created a toxic mix which has resulted in significant reductions in individual liberties.  An understanding of the limitations of judicial action also contributes to any explanation of the difficulties involved for formulating an effective counterterrorist policy.