Not a Suicide Pact: The Constitution in a Time of National EmergencyOxford University Press, 1 сент. 2006 г. - Всего страниц: 208 Eavesdropping on the phone calls of U.S. citizens; demands by the FBI for records of library borrowings; establishment of military tribunals to try suspected terrorists, including U.S. citizens--many of the measures taken by the Bush administration since 9/11 have sparked heated protests. In Not a Suicide Pact, Judge Richard A. Posner offers a cogent and elegant response to these protests, arguing that personal liberty must be balanced with public safety in the face of grave national danger. Critical of civil libertarians who balk at any curtailment of their rights, even in the face of an unprecedented terrorist threat in an era of proliferation of weapons of mass destruction, Posner takes a fresh look at the most important constitutional issues that have arisen since 9/11. These issues include the constitutional rights of terrorist suspects (whether American citizens or not) to habeas corpus and due process, and their rights against brutal interrogation (including torture) and searches based on less than probable cause. Posner argues that terrorist activity is sui generis--it is neither "war" nor "crime"--and it demands a tailored response, one that gives terror suspects fewer constitutional rights than persons suspected of ordinary criminal activity. Constitutional law must remain fluid, protean, and responsive to the pressure of contemporary events. Posner stresses the limits of law in regulating national security measures and underscores the paradoxical need to recognize a category of government conduct that is at once illegal and morally obligatory. One of America's top legal thinkers, Posner does not pull punches. He offers readers a short, sharp book with a strong point of view that is certain to generate much debate. OXFORD'S NEW INALIENABLE RIGHTS SERIES This is inaugural volume in Oxford's new fourteen-book Inalienable Rights Series. Each book will be a short, analytically sharp exploration of a particular right--to bear arms, to religious freedom, to free speech--clarifying the issues swirling around these rights and challenging us to rethink our most cherished freedoms. |
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... balance our interest in personal liberty with our interest in public safety? What are the roles of the executive, the Congress, and the judiciary when a crisis is at hand? To what extent should civil liberties vary with threat levels ...
... balance our interest in personal liberty with our interest in public safety? What are the roles of the executive, the Congress, and the judiciary when a crisis is at hand? To what extent should civil liberties vary with threat levels ...
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Содержание
1 | |
How Are Constitutional Rights Created? | 17 |
How Does National Security Shape Constitutional Rights? | 31 |
Rights Against Detention | 53 |
Rights Against Brutal Interrogation and Against Searches and Seizures | 77 |
The Right of Free Speech with a Comment on Profiling | 105 |
Rights of Privacy | 127 |
Conclusion | 147 |
Further Readings | 159 |
Index | 165 |
Другие издания - Просмотреть все
Not a Suicide Pact: The Constitution in a Time of National Emergency Richard A. Posner Ограниченный просмотр - 2006 |
Not a Suicide Pact: The Constitution in a Time of National Emergency Richard A. Posner Ограниченный просмотр - 2006 |
Not a Suicide Pact: The Constitution in a Time of National Emergency Richard A. Posner Просмотр фрагмента - 2006 |
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advocacy al-Qaeda Amendment’s prohibition American authority balance bomb Chapter civil libertarians civil liberties commander in chief communications Congress constitutional law constitutional rights constitutional text costs crime curtailment danger decision detained detention due process eavesdropping electronic surveillance enemies enemy combatant evidence executive extremist federal FISA Fourth Amendment freedom of speech government’s Guantánamo Bay habeas corpus harm innocent intercepted investigation Islamist Islamist terrorism issue judges judicial limited mass destruction ment military tribunals modern terrorism Muslim national emergency national security one’s Pentagon Papers personal information personal liberty police political Posse Comitatus Act president president’s prisoner probable cause profiling prosecution protection public safety punishment radical imams reason right of habeas risk rule searches and seizures seek habeas corpus statute suspend habeas corpus suspicion terrorist terrorist suspects terrorist threat Terry stop tion torture U.S. citizens United unlawful combatant USA PATRIOT Act violate warrant weapons of mass wiretapping
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Стр. 78 - This is conduct that shocks the conscience. Illegally breaking into the privacy of the petitioner, the struggle to open his mouth and remove what was there, the forcible extraction of his stomach's contents — this course of proceeding by agents of government to obtain evidence is bound to offend even hardened sensibilities. They are methods too close to the rack and the screw to permit of constitutional differentiation.
Стр. 70 - Is this duty limited to the enforcement of acts of Congress or of treaties of the United States according to their express terms, or does it include the rights, duties and obligations growing out of the Constitution itself, our international relations, and all the protection implied by the nature of the government under the Constitution?
Стр. 121 - These later decisions have fashioned the principle that the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.* As we said in Noto v.
Стр. 54 - That the writ of habeas corpus cannot be denied, but ought to be granted to every man that is committed or detained in prison, or otherwise restrained, by the command of the king, the privy council, or any other ; he praying the same.
Стр. 108 - Whoever, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation...
Стр. 67 - Authorization for Use of Military Force'. "Sec. 2 Authorization for use of United States Armed Forces. "(a) In general. That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 1 1.
Стр. 42 - security" is a broad, vague generality whose contours should not be invoked to abrogate the fundamental law embodied in the First Amendment. The guarding of military and diplomatic secrets at the expense of informed representative government provides no real security for our Republic.
Стр. 67 - President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.
Стр. 108 - it would be quite remarkable to hold that speech by a law-abiding (entity] can be suppressed in order to deter conduct by a non-law-abiding third party," id., at 529-530, 149 L Ed 2d 787, 121 S Ct 1753.
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The Political Theory of a Compound Republic: Designing the American Experiment Vincent Ostrom Ограниченный просмотр - 2008 |