The War on the Bill of Rights and the Gathering Resistance [Hardcover]

Nat Hentoff (Author)

Book Description

Publication Date: September 2, 2003

"The Constitution," said Supreme Court Justice Antonin Scalia ominously in March 2003, "just sets minimums. Most of the rights that you enjoy go way beyond what the Constitution requires." In The War on the Bill of Rights-and the Gathering Resistance, nationally syndicated columnist and Village Voice mainstay Nat Hentoff draws on untapped sources-from reporters, resisters, and civil liberties law professors across the country to administration insiders-to piece together the true dimensions of the ongoing assault on the Constitution and the Bill of Rights.

Editorial Reviews

Amazon.com Review

This is obviously a "quickie" book--digressive, reiterative, and poorly organized, as if it had been cut and pasted on the fly--and yet it should be read by anybody who still cares about American civil liberties. The message is a solemn one: Hentoff argues that George W. Bush and his administration--especially Attorney General John Ashcroft--have used the terrorist attacks of September 11, 2001 as a pretext for curtailing the privileges that have long been taken for granted in the United States, most notoriously with the so-called "Patriot Act." Hentoff's tone will not be to everybody's taste: he is unremittingly shrill and preachy--imagine Lenny Bruce without a sense of humor--but the barrage of evidence he has assembled is both persuasive and bi-partisan (he notes, for example, that conservative House Majority Leader Dick Armey and Republican Congressman Bob Barr have warned of a gradual erosion of constitutional rights). He quotes with approval The Washington Post's political columnist Richard Cohen on Ashcroft ("The attorney general is far more dangerous than any of the immigrants he wrongly detained"), defends the statement, and then goes on to suggest manners and methods for true patriots to take our country back. --Tim Page

From Publishers Weekly

Hentoff, a veteran defender of civil liberties, elaborates on the legal "steamroller" unleashed after September 11 that he contends is diminishing our civil rights. Thanks to the USA Patriot Act, Hentoff reports, the FBI has authority to enter your apartment without serving a warrant first, take "evidence," copy computer files and even install software that will record your every keystroke for government perusal. All of this is done in the name of fighting terrorism, but, Hentoff relates, the government no longer requires hard evidence of terrorist ties, and actions as simple as attending a protest rally or donating to a charitable organization are now enough to arouse the interest of federal spies. This concise expos‚/manifesto, the latest salvo in Hentoff's lifelong defense of constitutional liberties, concerns developments he's covered for the Village Voice and other publications, but draws them together into a blistering attack on the administration, and on Attorney General John Ashcroft in particular, who Hentoff says has "subverted more elements of the Bill of Rights than any attorney general in American history." He berates Congress for its "supine" acquiescence to the Patriot Act, and the media for slack coverage of these issues. and raises the specter of J. Edgar Hoover's goon squads. Anyone concerned with civil liberties should read this short and snappy report from the frontlines of this latest constitutional struggle.
Copyright 2003 Reed Business Information, Inc.

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Product Details

• Hardcover: 176 pages
• Publisher: Seven Stories Press; 1ST edition (September 2, 2003)
• Language: English
• ISBN-10: 1583226214
• ISBN-13: 978-1583226216
• Product Dimensions: 5.7 x 0.7 x 8.6 inches
• Shipping Weight: 11 ounces (View shipping rates and policies)
• Average Customer Review: 4.0 out of 5 stars  See all reviews (15 customer reviews)
• Amazon Best Sellers Rank: #1,184,976 in Books (See Top 100 in Books)

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Customer Reviews

Most Helpful Customer Reviews

34 of 37 people found the following review helpful:

5.0 out of 5 stars A succinct handbook for patriots, September 20, 2003

By 

Royce E. Buehler "figvine" (Cambridge, MA USA) - See all my reviews
(VINE VOICE)    (REAL NAME)   

This review is from: The War on the Bill of Rights and the Gathering Resistance (Hardcover)

Now is the time for all good men to come to the aid of their country. Why is it the time? Because our basic constitutional rights are under the most vigorous full frontal assault since the Civil War, and possibly of our whole history.

Previous assaults have all taken place in time of war. But always in time of a real war, that is to say, military actions undertaken against identifiable enemy states, ending in clear victory or withdrawal. The "war on terror" is a struggle against a permanent class of shadowy enemies. Al Qaeda is a serious threat, but while there may not always be an Al Qaeda, there will always be terrorists. Any freedom we relinquish only for the duration of the "war" on terror will be a freedom we lose forever.

Hentoff wastes no words. He doesn't rant, preferring to quote the sober judgments of the Supreme Court and the Founding Fathers. He gives us a quick but reasonably thorough overview of the many blows Ashcroft's Justice Department has rained on the Bill of Rights, the separation of powers, and the principle of an open government accountable to the people. He provides the dates and notable contents of the bills, the executive orders, and the arrogations of power, usually sufficiently sourced to follow the dots in Google to the full texts. He brings the story right up to date (including the Justice Department's own stinging inspector general's report from June of 2003).

And though the crisis is urgent, Hentoff offers a lot of hope. Because, as he also documents, Americans from the grass roots to Congress, of all political persuasions, have started waking up to the danger and taking action.

Don't be confused by the one-star reviews. This is in no sense a partisan book, except to the extent that Franklin, Adams and Jefferson were partisans of liberty. Ashcroft is thoroughly bashed, but Bush hardly comes in for a mention. There are as many Republican heroes credited here - Dick Armey, Charles Grassley, Bob Barr, even Grover Norquist - as there are Democratic ones. The Bill of Rights, after all, is the common glory of every American. Ashcroft's claim, for example, (sustained by the fourth Circuit Court of Appeals on December 8, 2002) that any President and any Attorney General have the right, on their sole say-so, to imprison any American citizen indefinitely without charges or legal representation, is a declaration of war on the spirit of America, and of everyone who values freedom. That's Democrats, Republicans, Greens, Libertarians, and independents alike.

It's short. It's alarmed because the times are alarming, but it's measured in tone. It's packed with information you *should* have been reading in your paper. Do yourself and your country a favor, and read it.

13 of 13 people found the following review helpful:

5.0 out of 5 stars Those who give up freedom to have security deserve neither!, September 17, 2003

By 

Pat G. Roach (Houston, Tx USA) - See all my reviews
(REAL NAME)   

This review is from: The War on the Bill of Rights and the Gathering Resistance (Hardcover)

The point of the book is to assess the current state of civil liberties in America in light of legislation enacted and attempted by Bush-Ashcroft. In Hentoff's typically tight yet thorough journalistic style he documents the case that indeed, American's 4th Amendment (regarding unreasonable search and seizure) and 5th Amendment (regarding due process of law for suspects) rights have been and are being egregiously violated. Furthermore, these violations are hastily being codified into law. He commends Republicans and rebuffs Democrats (and vice-versa, when appropriate) for standing up for the Constitution, so he is not simply acting as a shill for the Left, as some might be inclined to assume. The question that should plague the reader after finishing the book is this: if in our war on terror we destroy the values which make America what it is (e.g. Bill of Rights) are we not then losing the war? And what way of life are we trying to preserve by the war, if we compromise our defining document - the Constitution

14 of 15 people found the following review helpful:

5.0 out of 5 stars Exposing Bush's war on the Constitution, December 7, 2003

By 

Theodore A. Rushton (PHOENIX, Arizona United States) - See all my reviews
(VINE VOICE)    (REAL NAME)   

This review is from: The War on the Bill of Rights and the Gathering Resistance (Hardcover)

This is a chilling record of the government assault on basic American civil liberties by a cowardly Bush administration that is increasingly relying on a climate of fear to hold onto power.

Net Hentoff, of course, is an immediately suspect writer. He has an impeccable record of defending, explaining, respecting and advocating civil rights. He is one of those precious few in every society with the courage to challenge the power of government to boss people around. He functions at the level of you, me and us.

Some politicians have a different outlook; they think they deal in great national and global issues on which the future of all mankind hinges. They are wrong, of course. It's not because they are evil, though some are certainly evil. It's because the nature of representative democracy requires politicians to represent all of the people. Like any "averaging" system, it excludes anyone who is not in the white bread and vanilla pudding "middle" of society. In a free society, individuals are free to choose such exotic ideas as Thai red-curry chicken or a sunny Provencal daube.

The US Constitution and its Bill of Rights wasn't handed down to us by ancient wise politicians; it is a set of values of the American people. Personally, I have great faith in the individual wisdom of Americans. Even if everything Hentoff says comes true, I'm confident a new "American Revolution" will root out such tyranny. Hentoff is not so sanguine, he stresses the "grass roots of the Constitution" and urges freedom loving Americans to act now. Ashcroft needs to be reminded his sworn duty is to uphold the Constitution, not to cave into the fears of the chicken-hawks in the Bush administration.

Normally, civil rights is a liberal issue. But not this time. Hentoff repeatedly quotes the leading conservatives in Congress, plus right-wing papers such as The Washington Times. A lot of people across the politiocal spectrum are genuinely upset about the threat to our basic rights. It is an issue that concerns all those interested in individual freedom, and his book draws from an eclectic range of sources.

Okay, so Attorney General John Ashcroft says his trashing of civil rights is necessary to fight terrorism. Under the new laws, Hentoff points out that a person who stands peacefully outside an abortion clinic to urge women not to have an abortion could technically be charged as a terrorist and lose all of their civil and legal rights. Will this happen? Well, it's not likely (cross-your-fingers) under Ashcroft -- but he (hopefully) isn't Attorney General-for-life.

Far-fetched? Well, remember the 1930s when mobsters weren't convicted of being killers? Convictions were based on income tax charges. Remember the Mississippi murders of civil rights workers in the 1960s? Their murderers were not convicted of murder; they were nailed for violating the civil rights of the victims. The lesson is that if the government wants to convict a person, they will find a way. In this book, Hentoff shows how the government now has hundreds of new ways of convicting any individual who upsets these new absolute monarchs of madness. King George III should have been so lucky!!!

Hentoff offers enough examples to frighten everyone who values American rights. What can you do on an individual basis? Well, people who love liberty in many communities have persuaded local governments to enact policies refusing to cooperate with the police state envisioned by Ashcroft. This book provides dozens of reasons to take such action.