American National Security and Civil Liberties in an Era of Terrorism

by Cohen, David B.; Wells, John W.

• ISBN13: 9781403961990
• ISBN10: 1403961999
• Format: Hardcover
• Copyright: 2004-04-17
• Publisher: Palgrave Macmillan

Summary

In light of the ongoing war against terrorism, can the United States maintain its dedication to protecting civil liberties without compromising security? At stake is nothing less than the survival of ideas associated with the modern period of political philosophy: the freedom of conscience, the inviolable rights of the individual to privacy, the constitutionally limited state, as well as the more recent refinement of late modern liberalism, multiculturalism.Contributors evaluate the need to reassess the nation's public policies, institutions, as well as its very identity. The struggle to persist as an open society in the age of terrorism will be the defining test of democracy in the twenty-first century.

Author Biography

David B. Cohen is Assistant Professor of Political Science, University of Akron. John W. Wells is Associate Professor of Political Science, Carson-Newman College.

Table of Contents

List of Tables	vi
Preface	vii
Introduction: American National Security and Civil Liberties in an Era of Terrorism	1	(8)
John W. Wells
David B. Cohen
At Odds with One Another: The Tension between Civil Liberties and National Security in Twentieth-Century America	9	(20)
Jerel A. Rosati
Protecting (or Destroying) Freedom through Law: The USA PATRIOT Act's Constitutional Implications	29	(42)
Christopher P. Banks
Presidential Power, Judicial Deference, and the Status of Detainees in an Age of Terrorism	71	(18)
Otis H. Stephens, Jr.
Activist Judges, Responsive Legislators, Frustrating Presidents: International Human Rights, National Security, and Civil Litigation against Terrorist States	89	(16)
John C. Blakeman
The Needs of the Many: Biological Terrorism, Disease Containment, and Civil Liberties	105	(20)
David B. Cohen
Alethia H. Cook
David J. Louscher
Terrorism, Security, and Civil Liberties: The States Respond	125	(22)
Edward R. Sharkey, Jr.
Kendra B. Stewart
Air Transportation Policy in the Wake of September 11: Public Management and Civil Liberties in an Authority Centralization Context	147	(20)
Brian J. Gerber
Chris J. Dolan
Terrorism, War, and Freedom of the Press: Suppression and Manipulation in Times of Crisis	167	(18)
Kendra B. Stewart
L. Christian Marlin
At What Price? Security, Civil Liberties, and Public Opinion in the Age of Terrorism	185	(18)
Susan J. Tabrizi
The Possibility of Dissent in the Age of Terrorism: A First Amendment Problem and a Proposal for Reform	203	(24)
Daniel P. Tokaji
The Way Forward: Locke or Hobbes?	227
John W. Wells
About the Editors	241
About the Contributors	241
Index	244