Guess Who Said It?

Ken AshfordWiretapping & SurveillanceLeave a Comment

Here’s the quote:

The Founders well understood the difficult tradeoff between safety and freedom. “Safety from external danger …

The Founders warned us about the risk, and equipped us with a Constitution designed to deal with it…

Many think it not only inevitable but entirely proper that liberty give way to security in times of national crisis-—that, at the extremes of military exigency, inter arma silent leges. Whatever the general merits of the view that war silences law or modulates its voice, that view has no place in the interpretation and application of a Constitution designed precisely to confront war and, in a manner that accords with democratic principles, to accommodate it.

Who said it?  The answer (below the fold) may surprise you…

Antonin Scalia, in his dissent in Hamdi v. Rumsfeld