NAVIGATING UNCERTAIN TIMES - BIOTERRORISM, THE CONSTITUTION, AND NATIONAL SECURITY - ADDRESSING THREATS WITHOUT TRAMPLING INDIVIDUAL LIBERTIES. WHO'S IN CHARGE IN A TIME OF CRISIS?

This article examines the constitutional and governmental challenges in responding to biological disasters, using the COVID-19 pandemic as a case study to explore bioterrorism, executive authority, and national security. It reviews definitions of bioterrorism, historical use and regulation of biological weapons, and key U.S. legislative responses such as the Public Health and Bioterrorism Response Act of 2002. The article analyzes the scope and limits of executive power through landmark Supreme Court cases—including Curtiss-Wright, Youngstown Sheet & Tube Co. v. Sawyer, and National Federation of Independent Business v. Department of Labor—highlighting the tension between executive action and congressional authority during emergencies. It emphasizes the importance of maintaining constitutional balance among the executive, legislative, and judicial branches, urging Congress to actively define agency powers to avoid unchecked executive overreach, especially in public health crises. The article concludes by advocating for informed discourse and cooperation to protect individual liberties while effectively addressing biological threats.