“…Next, government officials develop policy responses to the national-security threat that often involve suppressing civil rights and liberties at home (e.g., Duggan, 2005;Heymann, 2002;Tushnet, 2003). Congress, in an effort both to avoid drawing the ire of a public that has rallied around the president and to present a united front (e.g., Schultz, 1998), recognizes the executive as the nation's voice in foreign affairs (e.g., Hinckley, 1994;Koh, 1996) by endorsing the president's crisis-related prerogatives (e.g., Edwards, 1976;Fleisher and Bond, 1988;Meernik, 1993;Peterson, 1994;Prins and Marshall, 2001;Wildavsky, 1966; but see Fleisher et al, 2000). Once these policies take effect, members of the public bring lawsuits challenging these governmental actions as unconstitutionally restricting their civil rights and liberties, ultimately giving the judicial branch final say on the matter (although Congress can have "last licks" by stripping federal courts of jurisdiction or overriding statutory decisions, while the president can indifferently enforce judicial decisions).…”