Richard Posner lập luận, ví dụ, rằng "Nếu Hiến pháp không được đối xử như một hiệp ước tự sát, tại sao nên cấp bách quân sự không ảnh hưởng đến phạm vi của các quyền hiến pháp mà Tòa án Tối cao đã sản xuất từ các quy định không rõ ràng của Hiến pháp? | interpretive accommodation 73 law on the books does not change in times of crisis the law in action reveals substantial changes that are introduced into the legal system by way of revised interpretations of existing legal rules. Richard Posner argues for example that If the Constitution is not to be treated as a suicide pact why should military exigencies not influence the scope of the constitutional rights that the Supreme Court has manufactured from the Constitution s vague provisions 215 In other words The point is not that law is suspended in times of emergency . . . The point rather is that law is usually flexible enough to allow judges to give controlling weight to the immediate consequences of decision if those consequences are sufficiently grave. 216 Constitutional provisions leave judges enough wiggle room to accommodate an emergency within the framework of the existing legal system. If modification of ordinary laws to accommodate for security needs in the context of exigencies focuses on inserting emergency-driven legal provisions into existing ordinary rules and structures and thus is an Emergency Ordinary model the model of interpretive accommodation applies ordinary rules in times of crisis but changes the scope of such rules by way of emergency-minded interpretation. It may thus be described in a shorthand form as Ordinary Emergency. One obvious tool for such recalibration is the balancing process. It is generally accepted that a certain trade-off exists between liberty and security. Neither interest is absolute. A proper balance must be struck between these conflicting values and principles. But such balance is in and of itself flexible and floating. The relative importance of the competing values and interests shifts and changes from time to time and with it so does the point of balancing. As Aharon Barak the president of the Israeli Supreme Court notes The balancing point between the conflicting values and principles is not fixed. It differs from .
