Glenn Reynolds and the Insta-Andie McDowell interview the expert on that matter in their podcast this week-- Richard Posner, the author of "Not a Suicide Pact: The Constitution in a Time of National Emergency"
I didn't get around to listening to it until late in the day (this pork-chase is wearing me out), but it's great, and coming highly recommended on the Web.
Quote via Michelle:
"I think, you know, we need some fresh thinking. There's a tendency of civil libertarians to kind of repeat tired formulas. It's a kind of nostalgia for the old days. It's like the people who are misty-eyed about the New Deal and things like that or the labor union struggles of the 1920s, the Wobblies...civil libertarians are nostalgic for the McCarthy days. A simple enemy -- McCarthyism...Now, it seems to me, immensely more complex."
If you've never listened to one of these, make this your first one. It's good stuff, plus you get the ever-present adorable accent of the Insta-Wife. I'm so jealous of that.