Terrorism and the Constitution: Sacrificing Civil Liberties in the Name of National Security

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Overview

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 ...

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Terrorism and the Constitution: Sacrificing Civil Liberties In The Name Of National Security

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Overview

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.

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Editorial Reviews

Publishers Weekly
"In responding to the threat of terrorism, we must not trample upon the very freedoms that we are fighting for," say Cole and Dempsey, experts on civil rights law. Reminding readers that the 1996 Anti-Terrorism Act, passed under the "influences of emotion and political posturing," was not only contrary to civil rights but also ineffective, they assert that a similar overreaction has occurred with the 2001 PATRIOT Act and conclude that there can be no trade-off between security and civil liberties. (Sept. 5) Copyright 2002 Cahners Business Information.
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Product Details

  • ISBN-13: 9781565847828
  • Publisher: New Press, The
  • Publication date: 9/28/2002
  • Edition description: Older Edition
  • Pages: 240
  • Product dimensions: 6.32 (w) x 8.28 (h) x 0.73 (d)

Meet the Author


David Cole is the George Mitchell Professor of Law and Public Policy at Georgetown University Law Center. He is also a regular contributor to the New York Review of Books and the legal affairs correspondent for The Nation. He is the author of No Equal Justice: Race and Class in the American Criminal Justice System, the American Book Award–winning Enemy Aliens: Double Standards and Constitutional Freedoms in the War on Terrorism, and The Torture Memos: Rationalizing the Unthinkable and is a co-author (with James Dempsey) of Terrorism and the Constitution: Sacrificing Civil Liberties in the Name of National Security and (with Jules Lobel) of Less Safe, Less Free: Why America Is Losing the War on Terror, both published by The New Press. He lives in Washington, D.C.

James X. Dempsey is executive director at the Center for Democracy and Technology and former assistant counsel to the U.S. House of Judiciary Subcommittee on Civil Constitutional Rights.

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Table of Contents

1 Introduction 1
Pt. I Investigating first amendment activities : the FBI before September 2001
2 The FBI's investigation of Central American activists, 1981-1985 25
3 The investigation and attempted deportation of the Los Angeles 8 41
4 Intelligence investigations from amnesty international to Earth first! 57
Pt. II Control vs. discretion : the limits of legal restrictions on the FBI's authority
5 Mechanisms for control of the FBI 73
6 Reform and retrenchment 79
7 Constitutional limits - the role of the judiciary 107
Pt. III The 1996 Antiterrorism Act : curtailing civil liberties in the name of fighting terrorism
8 Prologue to the 1996 Antiterrorism Act 125
9 The 1996 Antiterrorism Act's central provisions 135
10 The impact of the 1996 Act 147
Pt. IV After 9/11 : fighting a war on terror, at home and abroad
11 New challenges, old dilemmas 173
12 Detention and interrogation 177
13 The Patriot Act - unleashing government spying, reducing oversight 195
14 Casting a broad net, catching few big fish 219
15 Conclusion 239
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Sort by: Showing 1 Customer Reviews
  • Anonymous

    Posted January 4, 2005

    Police State USA

    A very informed and useful tool for students and ordinary people in understanding the frightening rate at which in an overall way the government is eroding civil liberties, both in the present situation of the 'war on terrorism' and in an historical timeline from the 1996 Effective Death Penalty and Terrorism Act. Goes into many instances of the heavy hand of the state being used to go after political dissidents in this country. Overall very good and a very important read.

    Was this review helpful? Yes  No   Report this review
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