At War with Civil Rights and Civil Liberties

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Thomas E. Baker, John F. Stack
Rowman & Littlefield, 2006 - Law - 246 pages
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Two hundred and eleven years ago, Congress proposed and the states ratified the Bill of Rights. Since that time, these rights have been challenged over and over again. The Alien and Sedition Acts, the Civil War, the 'Red Scares' during both World Wars, the Cold War and its permanent crisis mentality, the Vietnam era and its civil unrest, and now the War on Terrorism—all are points along a line of contested history and conflict. Each of these crises generated stresses and strains for our constitutional guarantees of civil rights and liberties. This book looks at the War on Terrorism and the campaigns in Afghanistan and Iraq through the lenses of constitutional law and American politics. A remarkably cohesive set of essays by leading legal scholars brings these challenges into sharp focus, offering a unique perspective on executive power, the rule of law, and the delicate balance between rights, liberties, and threats.
 

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Contents

At War with Civil Rights and Civil Liberties An Introduction
1
CONTEXT
9
Perspectives on Liberty Security and the Courts
11
The War on Terrorism and Civil Liberties
25
Politics and Principle An Assessment of the Roosevelt Record on Civil Rights and Civil Liberties
49
THE AFTERMATH OF 911
81
Indefinite Material Witness Detention without Probable Cause Thinking outside the Fourth Amendment
83
Constitutional Safeguards after 911
123
THE SEARCH FOR PERSPECTIVE
151
Voting Rights and Other Anomalies Protecting and Expanding Civil Liberties in Wartime
153
Emergencies and the Idea of Constitutionalism
177
The Terrorism Detention Cases of 2004
193
Epilogue
227
Index
233
About the Contributors
243
Copyright

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About the author (2006)

Thomas E. Baker is professor of law at Florida International University. John F. Stack, Jr., is professor of political science and law and director of the Jack D. Gordon Institute for Public Policy and Citizenship Studies at Florida International University.

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