Sublime

Seven days later Roosevelt issued Executive Order 9066, giving legal sanction to the internment, in typically desperate conditions, of American citizens. It was a decision of a nation in panic, of a government that had lost its bearings, of

Liberalism in the sense I am using it refers to the rule of law, a system of formal rules that restrict the powers of the executive, even if that executive is democratically legitimated through an election.

If the Court were faithful to the Constitution, we would not have massive pretrial detention on the basis of predictions of dangerousness. We would not have coercive plea bargains, which would dramatically lower the number of convictions and require prosecutors to focus on the most serious crimes worthy of the time for a trial instead of mass

We believe that we can trade freedom for security. This is a fatal mistake.

Indeed from an Aristotelian point of view a modern liberal political society can appear only as a collection of citizens of nowhere who have banded together for their common protection.