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Terrorism and the Bill of Rights

The episode highlighted the revolutionary change in the relationship of the American people to the federal government that took place in the wake of the 9/11 attacks. For while Obama rejected the plea to treat Tsarnaev as an enemy combatant, no one can dispute the fact that the president of the United States now wields the discretionary authority to go either way — enemy combatant or criminal defendant — with respect to people who are suspected of being terrorists. Ever since 9/11 the president of the United States, together with the Pentagon and the CIA, has been wielding extraordinary emergency powers that historically have been wielded by the most powerful dictators in history.

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