Time was of the essence in such circumstances as 9/11. As was the the permission for F-16's in the air, on 9/11, to "fire" upon an airliner that did not behave. Should a hijacked airliner have been shot down by a fighter on 911, all of the passengers's and crew's Constitutional rights would have been technically violated. However, the order and the act would have also been legal and moral.
very well put!