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Not a Suicide Pact - The Constitution in a Time of National Emergency (Hardcover)
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Not a Suicide Pact - The Constitution in a Time of National Emergency (Hardcover)
Series: Inalienable Rights
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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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