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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.
At War with Civil Rights and Civil Liberties is a thoughtful, timely, and provocative collection of essays that explores the relationship between foreign policy, international security challenges, and the rights of U.S. citizens. The terrorist attacks on September 11th should have reminded Americans that we are always vulnerable and that our domestic affairs cannot be separated from conditions, events, and decisions made in distant lands. The actions of a global terrorist network have profoundly affected our lives, liberties and laws. Professors Baker and Stack have put together an excellent collection of essays that force us to think critically about the relationship between the war on terrorism and the civil rights and civil liberties of U.S. citizens as well as those who would challenge U.S. interests and security.
Chapter 1 At War with Civil Rights and Liberties: An Introduction Part 2 Part I: Context Chapter 3 2 Perspectives on Liberty, Security, and the Courts Chapter 4 Liberty and Security Chapter 5 Preserving Life and Liberty Chapter 6 3 The War on Terrorism and Civil Liberties Chapter 7 4 Politics and Principle: An Assessment of the Roosevelt Record on Civil Rights and Civil Liberties Part 8 Part II: The Aftermath of 9/11 Chapter 9 5 Indefinite Material Witness Detention without Probable Cause: Thinking outside the Fourth Amendment Chapter 10 6 Constitutional Safeguards after 9/11 Part 11 Part III: The Search for Perspective Chapter 12 7 Voting Rights and Other "Anomalies": Protecting and Expanding Civil Liberties in Wartime Chapter 13 8 Emergencies and the Idea of Constitutionalism Chapter 14 9 The Terrorism Detention Cases of 2004 Chapter 15 Introduction: Rumsfeld v. Padilla Chapter 16 Rasul v. Bush Chapter 17 Hamdi v. Rumsfeld