At War with Civil Rights and Civil Liberties

by Stack, John F., Jr.; Ashcroft, John; Baker, Thomas E.; Bryer, Stephen G.; Fisher, Louis; Graber, Mark A.; Greenberger, Michael; Irons, Peter; Lobel, Jules; Stack, John F., Jr.; Tushnet, Mark V.

• ISBN13: 9780742535992
• ISBN10: 0742535991
• Format: Paperback
• Copyright: 2005-07-21
• Publisher: Rowman & Littlefield Publishers

Summary

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.

Table of Contents

Acknowledgments	ix
1 At War with Civil Rights and Civil Liberties: An Introduction	1	(10)
John F. Stack, Jr., and Thomas E. Baker
Part I: Context
2 Perspectives on Liberty, Security, and the Courts	11	(14)
Liberty and Security	11	(6)
Associate Justice Stephen G. Breyer
Preserving Life and Liberty	17	(8)
Attorney General John Ashcroft
3 The War on Terrorism and Civil Liberties	25	(24)
Jules Lobel
4 Politics and Principle: An Assessment of the Roosevelt Record on Civil Rights and Civil Liberties	49	(34)
Peter Irons
Part II: The Aftermath of 9/11
5 Indefinite Material Witness Detention without Probable Cause: Thinking outside the Fourth Amendment	83	(40)
Michael Greenberger
6 Constitutional Safeguards after 9/11	123	(30)
Louis Fisher
Part III: The Search for Perspective
7 Voting Rights and Other "Anomalies": Protecting and Expanding Civil Liberties in Wartime	153	(24)
Mark A. Graber
8 Emergencies and the Idea of Constitutionalism	177	(16)
Mark V. Tushnet
9 The Terrorism Detention Cases of 2004	193	(34)
Edited by Thomas E. Baker
Introduction: Rumsfeld v. Padilla	193	(2)
Rasul v. Bush	195	(9)
Hamdi v. Rumsfeld	204	(23)
Epilogue	227	(6)
Index	233	(10)
About the Contributors	243