by Aziz Huz
In this new era of electronic surveillance and unilateral executive branch action in response to terrorism, tough questions must be answered. Should we make difficult policy decisions involving a balance of liberty and security in the absence of congressional or public oversight and outside the framework of the rule of law? What kind of electronic surveillance appropriately parries the threat posed by contemporary terrorists? What is the role of Congress? Evidence suggests that evasion of the constitutional structures for making national decisions carries heavy costs.