By Richard A. Posner
Eavesdropping at the mobile calls of U.S. voters; calls for by way of the FBI for files of library borrowings; institution of army tribunals to aim suspected terrorists, together with U.S. citizens--many of the measures taken by means of the Bush management considering 11th of September have sparked heated protests. In now not a Suicide Pact, pass judgement on Richard A. Posner bargains a cogent and chic reaction to those protests, arguing that non-public liberty needs to be balanced with public safeguard within the face of grave nationwide risk. severe of civil libertarians who cringe at any curtailment in their rights, even within the face of an exceptional terrorist possibility in an period of proliferation of guns of mass destruction, Posner takes a clean examine an important constitutional concerns that experience arisen when you consider that Sep 11. those concerns contain the constitutional rights of terrorist suspects (whether americans or now not) to habeas corpus and due technique, and their rights opposed to brutal interrogation (including torture) and searches according to below possible reason. Posner argues that terrorist task is sui generis--it is neither "war" nor "crime"--and it calls for a adapted reaction, one who supplies terror suspects fewer constitutional rights than folks suspected of standard criminality. Constitutional legislation needs to stay fluid, protean, and conscious of the strain of up to date occasions. Posner stresses the bounds of legislations in regulating nationwide security features and underscores the paradoxical have to realize a class of presidency behavior that's straight away unlawful and morally compulsory. one in every of America's most sensible felony thinkers, Posner doesn't pull punches. He deals readers a quick, sharp publication with a powerful standpoint that's bound to generate a lot debate. OXFORD'S NEW INALIENABLE RIGHTS SERIESThis is inaugural quantity in Oxford's new fourteen-book Inalienable Rights sequence. every one e-book may be a brief, analytically sharp exploration of a specific right--to undergo fingers, to non secular freedom, to loose speech--clarifying the problems swirling round those rights and not easy us to reconsider our such a lot adored freedoms.
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Extra resources for Not a Suicide Pact: The Constitution in a Time of National Emergency (Inalienable Rights)
Legal controls [ 48 ] h o w d o e s n at i o n a l s e c u r i t y s h a p e r i g h t s ? over the police, legal sanctions for the infringement of constitutional rights, have multiplied. The culture that created and nourished the Red Squad has evaporated. The consent decree has done its job. . The City wants flexibility to meet new threats to the safety of Chicago’s citizens. In the heyday of the Red Squad, law enforcers from J. Edgar Hoover’s FBI on down to the local level in Chicago focused to an unhealthy degree on political dissidents, whose primary activity was advocacy though it sometimes spilled over into violence.
In a broad sense, almost all Americans are civil libertarians, that is, believers in a large sphere of freedom from government intrusion. But I denote by the term the adherents to the especially capacious view of civil liberties that is often advanced in litigation and lobbying by the American Civil Liberties Union. Civil libertarians so defined are reluctant to acknowledge that national emergencies in general, or the threat of modern terrorism in particular, justify any curtailment of the civil liberties that were accepted on the eve of the emergency.
S. citizens in apparent violation of the Foreign Intelligence Surveillance Act, the successful resistance of influential members of Congress to renewing the USA PATRIOT Act without modification, and the flap over the mistreatment of detainees seized in the struggle against terrorism, one realizes that Congress is not a patsy even when, as in these instances, it is controlled by members of the same political party as the presidency and even when it is the Republican Party, the more disciplined of the two major parties.
Not a Suicide Pact: The Constitution in a Time of National Emergency (Inalienable Rights) by Richard A. Posner