Writing during the early days of the Cold War, Carl Friedrich, a Harvard University professor
of political science, described the tension between national security and civil rights and
liberties as arising" wherever a constitutional order of the libertarian kind has been
confronted with the Communist challenge, and with the Fascist response to that
challenge."'The collapse of the Communist regimes of Eastern Europe seemed to assign this
description to the history pages. Yet, while Communism no longer excites our imagination as …