Published in University of Louisville Law Review
Picture the scene: a screen flashes across the television exclaiming, “we interrupt your normally scheduled program to bring you breaking news: Washington, D.C. and New York City have been devastated by another terrorist attack.” The American response is swift and aggressive. The terrorist cell responsible is quickly identified as a new stateless terrorist cell called Erhaabi. The country is placed into a state of emergency. The President declares that the country has entered the Second War on Terror and will take each and every step necessary to protect the freedom of the United States.