ABSTRACT
The terrorists who perpetrated the September 11, 2001 attacks in the United States clearly benefited in their plot from the individual liberties secured by the United States Constitution. They freely associated with one another.1 Their mission seems to have been emboldened, if not inspired, by the religious convictions they freely exercised.2 Most importantly, they operated in a sphere of privacy free of the government’s intrusive scrutiny; and they could have been certain to avoid such scrutiny as long as the discrete acts leading up to the attacks did not raise the suspicion necessary to permit a criminal investigation or attract permissible intelligence monitoring.3 Not surprisingly, the terrorist attacks have given rise to a vigorous debate over the balance that must be struck in a constitutional democracy between security and liberty.4 Liberty may be getting the worst of the bargain, as the other chapters in this book make clear.
