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Author: David Cole
Publisher: The New Press
ISBN: 1565849396
Category : Political Science
Languages : en
Pages : 322
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Book Description
Tracing the history of government intrusions on Constitutional rights in response to threats from abroad, Cole and Dempsey warn that a society in which civil liberties are sacrificed in the name of national security is in fact less secure than one in which they are upheld. A new chapter includes a discussion of domestic spying, preventive detention, the many court challenges to post-9/11 abuses, implementation of the Patriot Act, and efforts to reestablish the checks and balances left behind in the rush to strengthen governmental powers.
Author: David Cole
Publisher: The New Press
ISBN: 1565849396
Category : Political Science
Languages : en
Pages : 322
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Book Description
Tracing the history of government intrusions on Constitutional rights in response to threats from abroad, Cole and Dempsey warn that a society in which civil liberties are sacrificed in the name of national security is in fact less secure than one in which they are upheld. A new chapter includes a discussion of domestic spying, preventive detention, the many court challenges to post-9/11 abuses, implementation of the Patriot Act, and efforts to reestablish the checks and balances left behind in the rush to strengthen governmental powers.
Author: David Cole
Publisher: ReadHowYouWant.com
ISBN: 1458788199
Category : Political Science
Languages : en
Pages : 450
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Book Description
Tracing the history of government intrusions on Constitutional rights in response to threats from abroad, Cole and Dempsey warn that a society in which civil liberties are sacrificed in the name of national security is in fact less secure than one in which they are upheld. A new chapter includes a discussion of domestic spying, preventive detention, the many court challenges to post-9/11 abuses, implementation of the PATRIOT ACT, and efforts to reestablish the checks and balances left behind in the rush to strengthen governmental powers.
Author: H. L. Pohlman
Publisher: Rowman & Littlefield
ISBN: 9780742560413
Category : Law
Languages : en
Pages : 336
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Book Description
The conjunction of Islamic fundamentalism, WMD, and terrorism has set the stage for a new form of 'warfare' and ushered in a period of national reflection and debate about the proper balance between national security and the rights of the individual. This book contributes to the ongoing national debate by providing easy access to relevant documents from major post-9/11 cases that highlight central constitutional issues raised by the war on terrorism.
Author: Bruce A. Ackerman
Publisher: Yale University Press
ISBN: 9780300122664
Category : Social Science
Languages : en
Pages : 248
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Book Description
Also includes information on aftermath of terrorist attack, Al Qaeda, George W. Bush, civil liberties, U.S. Congress, U.S. Constitution, courts, detainees, detention, due process, emergency constitution, emergency powers, emergency regime, existential crisis, extraordinary powers, Founding Fathers, framework statutes, freedom, habeas corpus writ, Iraq war, Abraham Lincoln, Jose Padilla, panic reaction, precedents of presidential powers, presidency, president, Franklin D. Roosevelt, rule of law, second strike, Second World War, secrecy, seizure, September 11, 2001, state of emergency, supermajoritarian escalator, terrorist attack, torture, United Kingdom, etc.
Author: David Cole
Publisher:
ISBN: 9781565849389
Category : Political Science
Languages : en
Pages : 316
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Book Description
The nation's foremost civil libertarian shines a light on the cynical exploitation of 9/11 by government officials to target immigrants and lay the groundwork for rolling back the rights of ordinary American citizens.
Author: Richard A. Posner
Publisher: Oxford University Press
ISBN: 0199885362
Category : Law
Languages : en
Pages : 208
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Book Description
Eavesdropping on the phone calls of U.S. citizens; demands by the FBI for records of library borrowings; establishment of military tribunals to try suspected terrorists, including U.S. citizens--many of the measures taken by the Bush administration since 9/11 have sparked heated protests. In Not a Suicide Pact, Judge Richard A. Posner offers a cogent and elegant response to these protests, arguing that personal liberty must be balanced with public safety in the face of grave national danger. Critical of civil libertarians who balk at any curtailment of their rights, even in the face of an unprecedented terrorist threat in an era of proliferation of weapons of mass destruction, Posner takes a fresh look at the most important constitutional issues that have arisen since 9/11. These issues include the constitutional rights of terrorist suspects (whether American citizens or not) to habeas corpus and due process, and their rights against brutal interrogation (including torture) and searches based on less than probable cause. Posner argues that terrorist activity is sui generis--it is neither "war" nor "crime"--and it demands a tailored response, one that gives terror suspects fewer constitutional rights than persons suspected of ordinary criminal activity. Constitutional law must remain fluid, protean, and responsive to the pressure of contemporary events. Posner stresses the limits of law in regulating national security measures and underscores the paradoxical need to recognize a category of government conduct that is at once illegal and morally obligatory. One of America's top legal thinkers, Posner does not pull punches. He offers readers a short, sharp book with a strong point of view that is certain to generate much debate. OXFORD'S NEW INALIENABLE RIGHTS SERIES This is inaugural volume in Oxford's new fourteen-book Inalienable Rights Series. Each book will be a short, analytically sharp exploration of a particular right--to bear arms, to religious freedom, to free speech--clarifying the issues swirling around these rights and challenging us to rethink our most cherished freedoms.
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Federalism, and Property Rights
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 100
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Book Description
Author: Geoffrey R. Stone
Publisher: W. W. Norton & Company
ISBN: 9780393058802
Category : History
Languages : en
Pages : 758
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Book Description
Geoffrey Stone's Perilous Times incisively investigates how the First Amendment and other civil liberties have been compromised in America during wartime. Stone delineates the consistent suppression of free speech in six historical periods from the Sedition Act of 1798 to the Vietnam War, and ends with a coda that examines the state of civil liberties in the Bush era. Full of fresh legal and historical insight, Perilous Times magisterially presents a dramatic cast of characters who influenced the course of history over a two-hundred-year period: from the presidents—Adams, Lincoln, Wilson, Roosevelt, and Nixon—to the Supreme Court justices—Taney, Holmes, Brandeis, Black, and Warren—to the resisters—Clement Vallandingham, Emma Goldman, Fred Korematsu, and David Dellinger. Filled with dozens of rare photographs, posters, and historical illustrations, Perilous Times is resonant in its call for a new approach in our response to grave crises.
Author: Stefan Sottiaux
Publisher: Bloomsbury Publishing
ISBN: 1847314112
Category : Law
Languages : en
Pages : 472
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Book Description
Taking as a starting point the widely accepted view that states confronted with terrorism must find a proper equilibrium between their respective obligations of preserving fundamental rights and fighting terrorism effectively, this book seeks to demonstrate how the design and enforcement of a human rights instrument may influence the result of that exercise. An attempt is made to answer the question how a legal order's approach to the limitation of rights may shape decision-making trade-offs between the demands of liberty and the need to guarantee individual and collective security. In doing so, special attention is given to the difference between the adjudicative methods of balancing and categorisation. The book challenges the conventional wisdom that individual rights, in times of crisis, are better served by the application of categorical rather than flexible models of limitation. In addition, the work considers the impact of a variety of other factors, including the discrepancies in enforcing an international convention as opposed to a national constitution and the use of emergency provisions permitting derogations from human rights obligations in time of war or a public emergency. The research questions are addressed through a comparative study of the terrorism-related restrictions on five fundamental rights protected under the European Convention on Human Rights and the United States Constitution: the right to freedom of expression, the right to freedom of association, the right to personal liberty, the right to privacy, and the right to a fair trial. The book offers both a theoretical account of the paradoxical relationship between terrorism and human rights and a comprehensive comparative survey of the major decisions of the highest courts on both sides of the Atlantic.
Author: Peter Berkowitz
Publisher: Hoover Press
ISBN: 0817946233
Category : Political Science
Languages : en
Pages : 220
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Book Description
Terrorism, the Laws of War, and the Constitution examines three enemy combatant cases that represent the leading edge of U.S. efforts to devise legal rules, consistent with American constitutional principles, for waging the global war on terror. The distinguished contributors analyze the crucial questions these cases raise about the balance between national security and civil liberties in wartime and call for a reexamination of the complex connections between the Constitution and international law.
