Civil Liberties vs. National Security in a Post 9/11 World / Edition 1

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Overview

In the aftermath of September 11, 2001, national security concerns have been in the forefront of public consciousness and federal authorities. But with the speedy passage of the U.S.A. PATRIOT Act after 9/11, some citizens have criticized the government for unduly curtailing civil liberties under the veil of national security. Others argue that the gravity of the terrorist threat warrants the increased security measures that have been implemented.
This timely and balanced collection by leading experts on the trade-offs between national security and civil liberties is divided into six informative sections addressing the main issues of this crucial debate:
the history of civil liberties in wartime domestic surveillance, with a particular focus on the controversial USA PATRIOT Act racial profiling, including selections from the Supreme Court opinion that legitimized the internment of Japanese Americans during World War II
the use of torture in confessions the designation of "enemy combatants"
PLUS recent developments, such as the Abu Ghraib prison scandal.
In addition to excerpts from important recent US Supreme Court decisions on these topics, this volume includes selections from such widely recognized and respected authors as Richard Cohen, Alan M. Dershowitz, Viet D. Dinh, David A. Harris, Nat Hentoff, Philip B. Heymann, Aryeh Neier, Christian Parenti, John T. Parry, Eyal Press, Chief Justice William Rehnquist, Stephen J. Schulhofer, Jay Stanley, Barry Steinhardt, Stuart Taylor Jr., Welsh S. White, Frank H. Wu, and John C. Yoo.
This intriguing collection of expert opinion from across the political and philosophical spectrums will inform average readers on this timely and critical topic and will be especially useful for undergraduate courses in political philosophy, political science, and criminal justice, as well as law school courses in criminal law and criminal procedure.
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Product Details

  • ISBN-13: 9781591022343
  • Publisher: Prometheus Books
  • Publication date: 9/25/2004
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 387
  • Product dimensions: 5.36 (w) x 8.30 (h) x 0.81 (d)

Meet the Author

M. Katherine B. Darmer is associate professor at the Chapman University School of Law and formerly an Assistant United States Attorney in New York, NY.
Robert M. Baird is a professor and the chair of the philosophy department at Baylor University. He is editor with Stuart E. Rosenbaum of Prometheus’s Contemporary Issues series.
Stuart E. Rosenbaum is a professor and director of graduate studies in philosophy at Baylor University. He is editor with Robert M. Baird of Prometheus’s Contemporary Issues series, and is the editor of Pragmatism and Religion.
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Table of Contents

Introduction 11
1 Inter Arma Silent Leges 23
2 Lost liberties : Ashcroft and the assault on personal freedom 31
3 Selections from the US Constitution 43
4 Habeas Corpus Statute : 28 United States Code, Section 2241 : power to grant writ 49
5 Bigger monster, weaker chains : the growth of an American surveillance society 53
6 Kyllo v. United States 81
7 No checks, no balances : discarding bedrock constitutional principles 89
8 Freedom and security after September 11 105
9 Fear as institution : 9/11 and surveillance triumphant 115
10 Korematsu v. United States 135
11 Profiling in the wake of September 11 : the precedent of the Japanese American internment 147
12 The skies won't be safe until we use commonsense profiling 157
13 Facial profiling revisited : "just common sense" in the fight against terror? 163
14 Guidance regarding the use of race by federal law enforcement agencies 175
15 Should the ticking bomb terrorist be tortured? : a case study in how a democracy should make tragic choices 189
16 Torture should not be authorized 215
17 In torture we trust? 219
18 Interrogating suspected terrorists : should torture be an option? 229
19 Ex Parte Quirin 251
20 Padilla v. Rumsfeld 263
21 No president is above the US Constitution 295
22 Erring on enemy combatants 299
23 Memorandum for Alberto R. Gonzales, Counsel to the President from US Department of Justice, Office of Legal Counsel 303
24 A plunge from the moral heights 317
25 A crucial look at torture law 321
26 Rumsfeld v. Padilla 325
27 Hamdi v. Rumsfeld 333
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