Wednesday, October 30, 2002

Anti-Terrorism: a History of Abuses


Terrorism and the Constitution: Sacrificing Civil Liberties in the Name of National Security, David Cole and James X. Dempsey, (New Press 2002)

In 1999, Georgetown University Law professor David Cole and the Center for Democracy and Technology's James Dempsey published the first edition of their work Terrorism and the Constitution: Sacrificing Civil Liberties in the Name of National Security. It detailed the enactment of the 1996 Antiterrorism and Effective Death Penalty Act--which, at the time, was famous not so much for its terrorism provision, but rather for its draconian pro-death penalty and anti-habeas corpus provisions.

This year brings the book's second edition--updated to account for recent developments in the "war on terrorism." The authors detail the Clinton administration's use of the Antiterrorism Act and examine the enactment and scope of the USA PATRIOT Act--a hastily enacted, post-9/11 law that gives the government wide-sweeping surveillance powers over American citizens.

Throughout Terrorism and the Constitution, Cole and Dempsey diverge from popular opinion by insisting that civil liberties, far from being a threat to national security, are the essence of America. What are we "fighting" for in this war on terrorism, they ask, if not to protect our way of life--which has personal liberty at its very core?

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