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States of emergency.(The Last Word)
American Prospect, The, September, 2004 by Ackerman, Bruce
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Is there constitutional substance to the "war on terror"? The rhetoric of war has paid political dividends for President Bush, but that does not make it a compelling legal concept. The classic war is between sovereign states. The conflicts with Afghanistan and Iraq were wars; the struggle against al-Qaeda is not. And in contrast to classical wars, the war on terrorism will never end. So if we choose to call this a war, we will never return to a legal world in which individual rights are respected as a matter of course.
The Supreme Court has emphasized this point. In a ...
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