Editor's note: the constitution in times of emergency.

• Jurisdiction: United States
• Date: 01 June 2004

Earlier in this Volume of The Yale Law Journal, Professor Bruce Ackerman published his essay The Emergency Constitution, (1) in which he advocated a new constitutional regime to confront the potential for recurring terrorist attacks among modern nations--and the United States in particular--in the twenty-first century. Professor Ackerman proposed that, following such an attack, the President seek congressional authorization for a declaration of emergency, with reauthorizations at fixed...