A hypothetical..

[Carl]

This is an offshoot from another thread but maybe can have some interesting discussion.

If it is more appropriate in another forum then please have the mod of this one or an admin move.

A terrorist nuke levels a major American city killing perhaps millions.

What amount of our Constitutionally guaranteed freedoms are we willing to sacrifice and for how long?

[NHSparky]

Depends on the threat, and what measures would be needed to defeat it.

In WWI and WWII, entire groups of people were detained or imprisoned without any benefit of due process or habeus corpus.  In the case of Korematsu v. US, the SCOTUS (IMO, wrongly) upheld EO 9066 which allowed for Japanese detention, and to this day, no court has specifically overturned it.  However, Duncan v. Kahanamoku did allow for martial law in Hawaii during the aftermath of Pearl Harbor until it was suspended in 1944.

The threat (whether real or imagined potential) of Japanese espionage simply didn't rise to the level justifying wholesale detention.  Neither did Wilson's "Palmer Raids".

OTOH, the threat to the very existence of the Republic under Lincoln was VERY real, and debate has been going on for decades as to the validity of his suspending Habeas Corpus in order to preserve public order.

Where the balance truly lies is determining if NOT taking an action will irreparably harm the Republic or the Constitution, or will greater damage be done long term by taking action to preserve it.  There is no "one-size fits all" mentality, and the courts, along with a RESPONSIBLE Executive and Legislative branches, need to look at how best to balance the two.

[JohnnyReb]

This is an offshoot from another thread but maybe can have some interesting discussion.

If it is more appropriate in another forum then please have the mod of this one or an admin move.

A terrorist nuke levels a major American city killing perhaps millions.

What amount of our Constitutionally guaranteed freedoms are we willing to sacrifice and for how long?

None:....the citizens of America will have take it upon themselves to wipe out all Muslims in this country and maybe even all of the western hemisphere.....otherwise we're going to have to declare Islam a political idealogy and not a religion. If we were to do that by a process of laws passed, then sooner or later all religions would be outlawed.

The Islamics have stated that they would use our laws against us.

This was assuming you were talking about Islamic terrorist. They're the only ones with a known play book that calls for mass murder until the infidels feel themselves fully subdued.  

[Carl]

I will add my 2 cents because I started the thread.

I expect that buried deeply in legislation already passed are provisions to in crisis do things not authorized by the Constitution.
Upon judicial challenge they would not last and the timing of that is anyones guess.
Todays blocking of the drilling moratorium would suggest that something egregious would not last long and gets us back to the means of enforcement and compliance with orders to.

I think under the exact scenario presented however the public for the common good would and will be more then happy to have a unique suspension of certain freedoms but I doubt for very long.
Days or a couple weeks at the most unless credible evidence of continued threat is presented.

The reason for that is imo because the focus would be on the enemy and a long term suspension of principles we all hold dear is not being put forward.
If that was the case then I don`t think public support would be long at all and we are back to what the government will have to do to enforce it and what the powers,civilian law enforcement or ultimately the military are going to enjoin.

[Carl]

None:....the citizens of America will have take it upon themselves to wipe out all Muslims in this country and maybe even all of the western hemisphere.....otherwise we're going to have to declare Islam a political idealogy and not a religion. If we were to do that by a process of laws passed, then sooner or later all religions would be outlawed.

The Islamics have stated that they would use our laws against us.

This was assuming you were talking about Islamic terrorist. They're the only ones with a known play book that calls for mass murder until the infidels feel themselves fully subdued.  

Yes,I was implying that it would be islamic and perhaps should have said so.
I don`t personally believe that outside that there is really a desire to have such an attack but if anyone wants to address something else then they can.

[NHSparky]

Bit over the top, don't you think, Johnny?  What about the aftermath of Oklahoma City and the AEDPA bill?

[formerlurker]

It really depends on who the committed the act of war -- what their capabilities are (aside from the nuclear weapon of course).   In house?   yeah, we got problems that the ACLU better STFU over how it is dealt with.   I am open to most actions to preserve the union.  

[bkg]

I will add my 2 cents because I started the thread.

I expect that buried deeply in legislation already passed are provisions to in crisis do things not authorized by the Constitution.
Upon judicial challenge they would not last and the timing of that is anyones guess.
Todays blocking of the drilling moratorium would suggest that something egregious would not last long and gets us back to the means of enforcement and compliance with orders to.

I think under the exact scenario presented however the public for the common good would and will be more then happy to have a unique suspension of certain freedoms but I doubt for very long.
Days or a couple weeks at the most unless credible evidence of continued threat is presented.

The reason for that is imo because the focus would be on the enemy and a long term suspension of principles we all hold dear is not being put forward.
If that was the case then I don`t think public support would be long at all and we are back to what the government will have to do to enforce it and what the powers,civilian law enforcement or ultimately the military are going to enjoin.

Your tinfoil is almost as tight as mine. 

Having said that - NONE.  But I'm pretty damned black and white.

[5412]

This is an offshoot from another thread but maybe can have some interesting discussion.

If it is more appropriate in another forum then please have the mod of this one or an admin move.

A terrorist nuke levels a major American city killing perhaps millions.

What amount of our Constitutionally guaranteed freedoms are we willing to sacrifice and for how long?

Hi,

Depends on which city it wiped out.  If it was Washington, the party would last for days.....

regards,
5412