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The fight against terrorism is not yet over. It predated the Bush presidency, and will continue long after. President Obama has openly assumed the burden of the fight. He has assured us that swift and decisive action will be taken against terrorists, although he also insisted that this action will be in accordance with the Constitution. In his inaugural address he declared, “[a]s for our common defense, we reject as false the choice between our safety and our ideals,” and as the first order of business issued Executive Orders addressing some of the abuses of his predecessor. Our task, as lawyers and as citizens, is to identify these abuses with some specificity and then to describe the action that is needed to put the Constitution right.

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