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Acute national emergencies are a test of faithfaith in ourselves, in our ability to cope and emerge victorious in the face of adversity, and in

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Acute national emergencies are a test of faithfaith in ourselves, in our ability to cope and emerge victorious in the face of adversity, and in principles that we held to be "fundamental." Crises and exigencies put to the test our faith in the rule of law, in human rights and civil liberties, and in their application not only to ourselves but; to those different from us. Such sharp times are aiso a test of our faith in government and in its ability to \"do the right thing" even in hard times, in our moral convictionsI and in our political and legal processes and institutions. Experience tells us, however, that times nt'emergency call for something more than faith. In her fourliner, "Faith " J's a Fine Invention, Emily Dickinson wrote: "Faith\" is a ne invention When Gentlemen can see But Microscopes are prudent In an Emergency?" Emergency powers discourse has traditionally been premised on two articles of faith, namely our faith in the paradigm of constitutionality and our faith in the possibility of separation. This Article suggests that it is time to revisit those axioms and to examine carefully under a microscope the basic asSumptions that underlie the light against lerrorisrt'i and other emergencies. The proposed Balm-Legal Measures model does not seek to do away with the traditional discourse over emergency powers. It does not claim to exclude the constitutional models of emergency powers. it is a model for truly extraordinary occasions. There may be circumstances when it would be appropriate to go outside the legal order. at times even violating otherwise accepted constitutional dictates, when responding to emergency situations. Yet, even in circumstances where use of the model is inappropriate, and where the constitutional models may supply an answer to the particular predicament, we must recognize the limitations of each of' these altematives and its long-term implications. Nowwhen the world is trying to come to terms with the aftermath of the terrorist attacks of September llth, the implications of the war on terrorism. and. at the time this Article goes to print1 the possibility ofa war against Iraqmay be the worst oftimes to engage in such probing review. But as issues pertaining to emergency powers are new more on the public's mind than they have ever been before, it may also be the best ot'times. 1) In the first two sentences, Gross writes about \"faith.\" He suggests that: (a) Faith and religion are important aspects of what it means to be a lull human in today's world, separating ourselves from others di'erent from us. {b} Faith is required as "mdamental" to be \"victorious" over those who lack faith, uniting ourselves especially in times of crisis. (c) In times of @ it is important to have faith in our values as they apply to those both similar to us, but importantly also to those different from us. {d} Times of crisis are also known as \"crises and exigences" and \"the face of adversity.\" 2) In the two sentences immediately following the quotation from Emily Dickinson, Gross claims that: (a) In times of crisis, usually we focus on constitrtionality and separation, but we should also look very closely at what underlies our assumptions about emergencies. (b) In emergency situations, we often get distracted by looking at two things, when instead we should focus on a microscope. (c) Basic assumptions underlie things. Those basic assumptions are interesting. (d) Our faith in the paradigm of constitutionalism and the possibility of separation is misguided. 3-) In the portion of paragraph 2 beginning with \"The proposed Extra Legal Measures Model. . and ending with "'...when responding to emergency situations\" suggests that the Eattalegal Measures model is: (a) A solution to overlap and overtake regular emergency measures covered off in constitutional models of emergency powers. (b) Seeking to offer an additional model for use in truly exceptional situations. (c) A way to avoid ever solving problems by going beyond the legal order. (d) Offering a rejection of typical discourse around emergency powers. 4) As Gross closes out his article, he thinks that the timing of articulating his E E Measures Act is: (a) Unnecessary, given 9.-"11 (b) Inappropriate, given 9.-"ll (c) Irrelevant, given 9.-"ll (d) Timely, given 9:"11

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