msummo:

You guys are for the theory side, where rule of law triumphs and the system should be allowed to run its course regardless. I am on the side of pragmatism where necessity dictates the outcome.

Incorrect. I am for the side of pragmatism where experience has shown that when you violate process, you get screwed. You're for the side of fantasy where people in emergencies somehow make the proper decisions on instinct because in their guts, they know that somehow the process that has been developed over decades and centuries just won't work this time.

msummo:

You believe that the system will not break down in times of extreme crisis.

It hasn't before. Why should this time be any different?

msummo:

I believe that history will repeat itself and the government will revert to 'might makes right' operation.

And so the solution to preventing that is to encourage it? The entire point behind separation of powers is to stop the tyrrany of a monarchy. That's why we have a president and not a king. The president does not make the law nor does he interpret the law. He is merely the executor. The reason we have a process is because we have taken the pragmatic approach:

Use what works.

Violating due process doesn't work. It's never worked before. Why should this time be any different? When the WTC was attacked last time, we followed the law, adhered to precedent, made sure that due process was carried out, and the people who did it are now rotting in jail.

This time, we forgot all about the process and the people who did it are running free, attacking targets (strange how "We have to fight them there so we don't have to fight them here" didn't seem to work for Great Britain or Spain), and their network is now stronger than ever. By wandering off the ranch, by thinking that a single man knows better than centuries of experience, there is now more terrorism in the world than there was before and we are more vulnerable than we were before.

That's why we have process: It's to make sure you do the right thing when crisis happens.