A traditional way of thinking about the relationship between civil liberties, civil rights, and wartime has been to consider this fundamental question: To what extent can a state legitimately restrict the rights and liberties of its citizens in order to strengthen security? In other words, is it sometimes necessary to violate civil liberties and rights during “exceptional” moments, such as war, in the name of security and otherwise to robustly protect them during periods of “normalcy” or peace? Across many countries, those chapters in history that have witnessed suppressions of civil liberties and rights have nearly always occurred during periods of warfare or the threat of war.

Despite the close association between civil liberties and civil rights, there are important differences that need to be taken ...