This Article provides examples of how the Constitution’s Article III courts craft ways to amplify the voice of the voiceless and are the caretakers of a delicate constitutional democracy -- a democracy specifically designed to require its protection, governed by the Rule of Law. The Author described cumulative change in the wake of the atrocities of World War II from the Sixties when he was a child through the Civil Rights Act of 1964, the Warren Court, the Voting Rights Act, post-September 11, and finally to the dreadful theatre of Guantánamo Bay. Without the judiciary’s vigilance of the delicate balance between individual liberty and national security, the individual will always buckle under the power of the state.
Stewart “Buz” Eisenberg, REFLECTIONS OF A CHILD OF THE SIXTIES—I HAVE LIVED TO SEE THE POST-CONSTITUTIONAL ERA THROUGH GUANTÁNAMO BAY LITIGATION, 38 W. New Eng. L. Rev. 163 (2016), https://digitalcommons.law.wne.edu/lawreview/vol38/iss1/5