Terrorism & The Constitution: Sacrificing Civil Liberties in the Name of National Security [Paperback]

James X. Dempsey (Author), David Cole (Author)

Book Description

Publication Date: June 15, 1999

Traces the history leading up to the Anti-terrorism Act of 1996 "one of the worst assults on civil liberties in decades." The authors review of the abuses occuring today-denials od due process, detentions of aliens based on secret evidence, investigations of support for lawful humanitarian activity - culminates with recommendations for a counterterrorism strategy that would conform to the Constitution - one focused on individual culpability for acts of violence rather than on political ideology. Written for the general audience, yet laden with endnotes of value to activists and lawyers, Terrorism & The Constitution is a balanced examination of the problem of terrorism from a civil liberties perspective.

Editorial Reviews

Review

"In this day of increasing concern with acts of terrorism, there are strong demands to curtail our cherished liberties. David Cole and Jim Dempsey painstakingly delineate the dangers inherent in the Antiterrorism Act of 1996. I heartily recommend this book to all concerned with the protection of our traditional liberties, particularly because the argument for restrictions is shown to be without merit." -- John Conyers, Jr. Member of Congress

About the Author

James X. Dempsey, former assistant counsel to the House Judiciary Subcommittee on Civil and Constitutional Rights, is senior staff counsel at the Center for Democracy and Technology and director of The Oversight Project. David Cole,who argued the LA 8 case in the Supreme Court, is a professor of law at Georgetown University, an attorney with the Center for Constitutional Rights, and legal affairs correspondent for The Nation.

Product Details

• Paperback: 206 pages
• Publisher: First Amendment Foundation (June 15, 1999)
• ISBN-10: 0962770523
• ISBN-13: 978-0962770524
• Product Dimensions: 9 x 6 x 0.7 inches
• Shipping Weight: 12 ounces
• Average Customer Review: 4.2 out of 5 stars  See all reviews (6 customer reviews)
• Amazon Best Sellers Rank: #4,078,423 in Books (See Top 100 in Books)

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Customer Reviews

Most Helpful Customer Reviews

10 of 11 people found the following review helpful:

5.0 out of 5 stars A compelling critique of secret trials and other FBI abuse, January 30, 2000

By 

A lawyer in Washington, D.C. (Washington, D.C.) - See all my reviews

This review is from: Terrorism & The Constitution: Sacrificing Civil Liberties in the Name of National Security (Paperback)

Do you know that your government is arresting people and detaining them for years based on secret evidence? This book shocked me, and made me realize how far our rights have been corroded by our fear of terrorism. Dempsey and Cole provide a clear overview of the law and politics of national security, in a balanced and fair treatment that is more chilling than hysteria. They provide vivid stories of individual victims of FBI abuse, as well as a history of how we got here, and a clear path on how to return to a country that respects basic constitutional rights.

10 of 12 people found the following review helpful:

4.0 out of 5 stars A pertinent study, September 27, 2001

By 

Nichomachus - See all my reviews

This review is from: Terrorism & The Constitution: Sacrificing Civil Liberties in the Name of National Security (Paperback)

This study is a well-organized, non-hysterical study of the constitutional implications of the fight against terrorism. Detailing FBI efforts to use investigation as a means for restricting political activity (with implications of the First Amendment's protection of legitimate political activity), the book then goes into the legal study of the dealing with controlling the FBI's institutional control-freakness, and judicial tools to accomplish that.

An extensive study of the 1996 Anti-terrorism Act is then undertaken, with an emphasis on its constitutional implications. The authors are highly critical of the use of secret evidence against defendants, as well as of Congress' creation of secret courts and courts specializing in "Alien Terrorist Removal." Understanding these courts is going to be more and more important in the coming years as the US attempts to judicially cope with and respond to the events of September 11.

Knowledge of these issues is essential to not only making sure the Government is able to do its job, but also to do so constitutionally. This book is a good start. However, its section on the "nature and scope of terrorist activity" will seem naive and quaint after the traumatic events of WTC.

Assessing the success of the 1996 Act will be important in developing legal tools and critiquing the current powers of the FBI in our fight against terrorism.

We will see an increase in domestic political spying. It is inevitable. We can counter the dangers of this, and reap its rewards, by ensuring that there are adequate judicial procedures in place wherein individuals can contest illegitimate intrusions by the Government.

0 of 1 people found the following review helpful:

5.0 out of 5 stars Comprehensive, useful, and authoritative, October 2, 2001

By 

Hazim Bitar (Arlington, VA United States) - See all my reviews

This review is from: Terrorism & The Constitution: Sacrificing Civil Liberties in the Name of National Security (Paperback)

I bought this book a couple of years ago and it's still the authoritative reference on the history of the interplay between civil rights and national security. Good reading for journalists, activists, lawyers, and others who just want to learn more about this intriguing subject. One of the obvious lessons from the book is how history repeats itself but every time we as a nation do take notes from past experiences and do try to avoid past mistakes. Congratulations to Cole and Dempsey on a fine piece of intellectual work.