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You seem to be making the assumption that all of these powers are not needed to wage an effective war against terror, or if they are, just say no, because we just become more like our enemy. The first point is an assertion, the second might be characterized as an over indulgence in aesthetics that might risk life and limb. The bill of rights, and all the rest, is not a suicide pact, at least that is the way I would parse it each and every time that I was asked. One can't be dead by virtue of a Utopian reach of individual rights at the expense of communal defense, while enjoying such rights, at the same time, at least not while on this mortal coil.