Terrorism and the constitution : sacrificing civil liberties in the name of national security /
David Cole, James X. Dempsey ; foreword by Nancy Talanian and Kit Gage.
[3rd ed.].
New York : New Press, 2006.
xviii, 302 p. ; 21 cm.
1565849396 (pbk.), 9781565849396 (pbk.)
More Details
added author
New York : New Press, 2006.
1565849396 (pbk.)
9781565849396 (pbk.)
general note
Dempsey's name appears first on the original 2nd edition.
catalogue key
Includes bibliographical references (p. [251]-290) and index.
A Look Inside
About the Author
Author Affiliation
David Cole is a professor of law at Georgetown University James X. Dempsey is the policy director of the Center for Democracy and Technology and a former assistant counsel to the U.S. House of Representatives Judiciary Subcommittee on Civil and Constitutional Rights
Full Text Reviews
Appeared in Publishers Weekly on 2002-08-26:
"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) (c) Copyright PWxyz, LLC. All rights reserved
Appeared in Choice on 2003-01-01:
Both authors are well qualified to prepare this short volume on how to balance valued US civil liberties while at the same time responding to the terrorist threat. Cole (law, Georgetown Univ.) is the legal commentator for "All Things Considered" on National Public Radio, and Dempsey is a former assistant counsel to the US House Judiciary Subcommittee on Civil and Constitutional Rights. After providing a history of how the FBI has sometime ignored, sometimes respected civil liberties during times of crisis, the authors expound on the 1996 and 2001 Antiterrorism Acts. Among other things they warn against guilt by association and political spying and argue for legal limits on surveillance authorities. The book may be compared with All the Laws But One: Civil Liberties in Wartime, by Chief Justice William Rehnquist (CH, Feb'99). The book addresses a very timely topic and is clearly written. It contains excellent footnotes but no index. Recommended for general readers and lower-division undergraduates through graduate students. R. A. Carp University of Houston
Review Quotes
Timely and important.... This is a book every citizen should read and act upon.
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Long Description
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.
Main Description
In this vivid and important critique of the government's response to terrorism, a prominent constitutional scholar and one of the nation's leading experts on privacy warn that civil liberties are being needlessly sacrificed without effectively protecting national security. By comparing recent antiterrorism measures to previous abuses-anticommunist tactics of the 1950s, FBI spying on civil rights activists in the 1960s, and the investigation and harassment of government critics of U.S. foreign policy during the 1980s and 1990s-the authors reveal how the Bush administration is repeating the mistakes of the past, expanding the powers of government agencies in ways that are neither necessary nor desirable in a free society. This fully revised and updated edition includes extensive revisions and a new final section evaluating the government's post-9/11 "war on terrorism." The authors cogently criticize the Patriot Act and the full range of executive measures violating civil liberties at home and abroad since 9/11, from ethnic profiling and data mining to preventive detention and torture. Book jacket.
Table of Contents
Preface to the Third Editionp. ix
Foreword to the Third Editionp. xiii
Introductionp. 1
Investigating First Amendment Activities: The FBI Before September 2001
The FBI's Investigation of Central American Activists, 1981-1985p. 25
The Investigation and Attempted Deportation of the Los Angeles 8p. 41
Intelligence Investigations from Amnesty International to Earth First!p. 57
Control vs. Discretion: The Limits of Legal Restrictions on the FBI's Authority
Mechanisms for Control of the FBIp. 73
Reform and Retrenchmentp. 79
Constitutional Limits-The Role of the Judiciaryp. 107
The 1996 Antiterrorism Act: Curtailing Civil Liberties in the Name of Fighting Terrorism
Prologue to the 1996 Antiterrorism Actp. 125
The 1996 Antiterrorism Act's Central Provisionsp. 135
The Impact of the 1996 Actp. 147
After 9/11: Fighting a War on Terror, at Home and Abroad
New Challenges, Old Dilemmasp. 173
Detention and Interrogationp. 177
The Patriot Act-Unleashing Government Spying, Reducing Oversightp. 195
Casting a Broad Net, Catching Few Big Fishp. 219
Conclusionp. 239
Notesp. 251
Indexp. 291
Table of Contents provided by Ingram. All Rights Reserved.

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