by Philip B. Heymann

About the author: Philip B. Heymann, former deputy attorney general, is a professor of law at Harvard Law School and the author of Terrorism and America.

Although much of the concern over managing the tension between liberty and security in response to the . . . terrorist attacks of [September 11, 2001], has been focused on the anti-terrorism bills and the resulting USA Patriot Act (Patriot Act) adopted in late fall 2001, the issues presented by the new statute are less significant than the civil liberties issues resting entirely within the discretion of the executive branch. If the focus of current concern remains centered on the Patriot Act, a number of questions of major importance are likely to escape careful attention and analysis.

The Trade-Offs

The critical trade-offs facing Americans following September...