Life terms? Custom has established that Supreme Court justices are appointed for life. But, in fact, the Constitution does not call for that term of service. Article III, authorizing the judicial system of the nation, stipulates only that the justices shall "hold their Offices during good Behavior." What could be regarded by the public as bad behavior that would justify removal from the court?

Politics? Political action groups, both conservative and liberal, are campaigning in television and newspaper advertisements either for or against Judge Roberts. Estimates are that the activists are spending millions of dollars in their attempt to influence the confirmation vote. Is it proper for Supreme Court nominations to be politicized?

Posse? Constitution Day also is being observed as an 1878 law known as Posse Comitatus is receiving new attention and debate in the wake of the Hurricane Katrina disaster and the federal response to the emergency. Federal officials have cited the law as the reason they did not immediately intervene to assist victims and restore order along the devastated Gulf Coast. Critics say the law should have been waived so Americans could have been helped immediately. The law generally prohibits federal military forces from acting in law enforcement within the country, except as expressly authorized by the Constitution or the Congress. The president may also waive the law in an emergency. Such action was taken, for example, in response to the 1992 riots in Los Angeles. Was the Katrina emergency an instance in which that law justifiably could have been waived.

Constitutional? Gen. Russel Honore, the military officer in charge of the recovery, has ordered troops not to comply with New Orleans Mayor Ray Nagin's order to force people to evacuate from their homes, saying it is a law enforcement issue. Holdout residents of New Orleans and some legal experts question the constitutionality of forced evacuations. Is it constitutional for government to force Americans from their homes?

Interpretation? U.S. Attorney General Alberto R. Gonzales, himself rumored to be the president's choice to fill the second vacancy on the Supreme Court, urged Justice Department lawyers to interpret the law creatively so active duty troops could assist in recovery efforts -- even if local officials refused to consent.

Consequences? Americans want to see their government rescue countrymen in an emergency and remove citizens from harm's way. But what are the long-term dangers to the Constitution of waiving laws and using the military to force citizens to act against their will, as in the case of those New Orleans residents who do not want to leave their homes?