Scholarly Commons @ UNLV Boyd Law Scholarly Works Faculty Scholarship 2011 Sacrifice and Sacred Honor: Why the Constitution is a "Suicide Pact" Peter Brandon Bayer University of Nevada, Las Vegas -- William S. Boyd School of Law Follow this and additional works at: https://scholars.law.unlv.edu/facpub Part of the Constitutional Law Commons, and the Legal History Commons Recommended Citation Bayer, Peter Brandon, "Sacrifice and Sacred Honor: Why the Constitution is a "Suicide Pact"" (2011). Scholarly Works. 774. https://scholars.law.unlv.edu/facpub/774 This Article is brought to you by the Scholarly Commons @ UNLV Boyd Law, an institutional repository administered by the Wiener-Rogers Law Library at the William S. Boyd School of Law. For more information, please contact
[email protected]. SACRIFICE AND SACRED HONOR: WHY THE CONSTITUTION IS A "SUICIDE PACT" Peter Brandon Bayer* ABSTRACT Most legal scholars and elected officials embrace the popular clich6 that "the Constitution is not a suicide pact." Typically, those commentators extol the "Constitution of necessity," the supposition that Government, essentially the Executive, may take any action-may abridge or deny any fundamental right-to alleviate a sufficiently serious national security threat. The "Constitution of necessity" is wrong. This Article explains that strict devotion to the "fundamental fairness" prin- ciples of the Constitution's Due Process Clauses is America's utmost legal and moral duty, surpassing all other considerations, even safety, security and survival. The analysis begins with the most basic premises: the definition of morality and why nations must be moral. This Article defends deontology: the philosophy that because moral principles are a priori, they must be obeyed regardless of terrible outcomes.