In Terror in the Balance, Posner and Vermeule take on civil
libertarians of both the left and the right, arguing that the
government should be given wide latitude to adjust policy and
liberties in the times of emergency. They emphasize the virtues of
unilateral executive actions and argue for making extensive powers
available to the executive as warranted. The judiciary should
neither second-guess security policy nor interfere on
constitutional grounds. In order to protect citizens, government
can and should use any legal instrument that is warranted under
ordinary cost-benefit analysis. The value gained from the increase
in security will exceed the losses from the decrease in liberty. At
a time when the 'struggle against violent extremism' dominates the
United States' agenda, this important and controversial work will
spark discussion in the classroom and intellectual press alike.
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