At War with Civil Rights and Civil LibertiesThomas E. Baker, John F. Stack 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. |
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 |
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At War with Civil Rights and Civil Liberties Thomas E. Baker,John F. Stack No preview available - 2006 |
Common terms and phrases
administration al Qaeda aliens apply to grand arrest Ashcroft attacks attorney authority Awadallah Biddle Bush challenge Chief Judge Mukasey citizen civil liberties civil rights Congress Cummings decision defend deposition detained detention district court due process Eisentrager emergency powers enemy combatant Ex parte Quirin executive expanded federal courts federal material witness Fourth Amendment government's grand jury grand jury witnesses Guantanamo Bay habeas corpus Hamdi internment issue Judge Scheindlin judicial Judiciary jurisdiction jury material witness Justice Department Keyssar Korematsu law enforcement lawyers material witness statute Material Witness Warrant Moussaoui national security officials Padilla persons political President prison prosecution protect provides Qaeda responsibility restrictions rights and civil rights and liberties Roosevelt Rule 15 Rumsfeld Second Circuit September 11 suffrage Supp supra note 16 Supreme Court Taliban terrorism terrorist tion trial United USA PATRIOT Act violation voting rights War on Terrorism wartime World writ of habeas