Don't Forget What We're Fighting For:Will the Fourth Amendment Be aCasualty of the War on Terror?

Table of Contents I. Introduction The terrorist enemy that threatens civilization today is unlike any we have ever known . . . . [Terrorists] enjoy the benefits of our free society even as they commit themselves to our destruction. They exploit our openness -- not randomly or haphazardly - but by deliberate, premeditated design. . . . [Me are at war with an enemy who abuses individual rights as it abuses jet airliners: as weapons with which to kill Americans.1 The greatest dangers to liberty huk in insidious encroachment by men of zeal, well-meaning but without undertanding.2 At 8:45 in the morning on September 11, 2001 (9-11), American Airlines Flight 11 slammed into the South Tower of the World Trade Center in New York City.3 Twenty minutes later, as live television cameras rolled and stunned New Yorkers gazed up in disbelief, a second plane, United Airlines Flight 175, banked left and ripped through the World Trade Center's North Tower.4 Barely forty minutes after these devastating explosions that ultimately would topple the preeminent icon of America's economic dominance, a third civilian jetliner, American Airlines Flight 77, barreled into the United States' military headquarters at the Pentagon.5 In just over an hour, terrorists crippled two of the most important symbols of American society and took the lives of nearly 3,000 people;6 on 9-11 the horrible reality of modern terrorism found a global television audience. With nothing more imposing than box cutters,7 nineteen single-minded zealots realized what now seem disturbingly prophetic words: [T]he technology of transportation about the planet has advanced to a point where it has become increasingly easy to plan and implement highly destructive terrorist actions in the territory of another state.8 Now, the dust and smoke that lingered for so long over lower Manhattan has cleared and workers have mended the gaping wound in the Pentagon, yet the true breadth of the attacks' impact on the United States is only just coming to light. For more than two centuries, the United States has stood as a nation of carefully counterbalanced laws and freedoms. However, the tragic events of 9-11 have threatened the very nature of American society and forced our nation to reset the scales and to reevaluate just how free we can afford to be. The United States government responded quickly to 9-11, both at home and abroad. Within hours, federal buildings in Washington, D.C. closed their doors and the Federal Aviation Administration shut down U.S. airports, diverting all in-flight craft to airports in Canada.9 Within days, President Bush issued an Executive Order calling the ready reserves of the armed forces to active duty,10 and the Department of Justice (DOJ) initiated what Attorney General John Ashcroft would later claim to be the largest investigation ever undertaken. …

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