The war on terror has brought to light troubling actions by the United States government which many claim amount to torture. But as this book shows, state-sanctioned violence and degrading, cruel, and unusual punishments have a long and contentious history in the nation.

Organized around five broad thematic periods in American history--colonial America and the early republic; slavery and the frontier; imperialism, Jim Crow, and World Wars I and II; the Cold War, Vietnam, and police torture; and the war on terror--this annotated documentary history traces the low and high points of official attitudes toward state violence. Robert M. Pallitto provides a critical introduction, historical context, and brief commentary and then lets the documents speak for themselves. The result is a nearly 400-year history that traces the continuities and changes in debates over the meaning of torture and state violence in the U.S. and shows where state actions and policies have pushed and exceeded constitutional and international normative limits.

Rigorously researched--and sometimes chilling--this volume is the first comprehensive reference work on state violence and torture in the U.S.

Cell phone apps share location information; software companies store user data in the cloud; biometric scanners read fingerprints; employees of some businesses have microchips implanted in their hands. In each of these instances we trade a share of privacy or an aspect of identity for greater convenience or improved security. What Robert M. Pallitto asks in Bargaining with the Machine is whether we are truly making such bargains freely - whether, in fact, such a transaction can be conducted freely or advisedly in our ever more technologically sophisticated world. Pallitto uses the social theory of bargaining to look at the daily compromises we make with technology. Specifically, he explores whether resisting these 'bargains' is still possible when the technologies in question are backed by persuasive, even coercive, corporate and state power. Who, he asks, is proposing the bargain? What is the balance of bargaining power? What is surrendered and what is gained? And are the perceived and the actual gains and losses the same - that is, what is hidden? At the center of Pallitto's work is the paradox of bargaining in a world of limited agency. Assurances that we are in control are abundant whether we are consumers, voters, or party to the social contract. But when purchasing goods from a technological behemoth like Amazon, or when choosing a candidate whose image is crafted and shaped by campaign strategists and media outlets, how truly free, let alone informed, are our choices? The tension between claims of agency and awareness of its limits is the site where we experience our social lives - and nowhere is this tension more pronounced than in the surveillance society. This book offers a cogent analysis of how that complex, contested, and even paradoxical experience arises as well as an unusually clear and troubling view of the consequential compromises we may be making.

As seen on The Daily Show, July 24

State secrets, warrantless investigations and wiretaps, signing statements, executive privilege -- the executive branch wields many tools for secrecy. Since the middle of the twentieth century, presidents have used myriad tactics to expand and maintain a level of executive branch power unprecedented in this nation's history.

Most people believe that some degree of governmental secrecy is necessary. But how much is too much? At what point does withholding information from Congress, the courts, and citizens abuse the public trust? How does the nation reclaim rights that have been controlled by one branch of government?

With Presidential Secrecy and the Law, Robert M. Pallitto and William G. Weaver attempt to answer these questions by examining the history of executive branch efforts to consolidate power through information control. They find the nation's democracy damaged and its Constitution corrupted by staunch information suppression, a process accelerated when "black sites," "enemy combatants," and "ghost detainees" were added to the vernacular following the September 11, 2001, terror strikes.

Tracing the current constitutional dilemma from the days of the imperial presidency to the unitary executive embraced by the administration of George W. Bush, Pallitto and Weaver reveal an alarming erosion of the balance of power. Presidential Secrecy and the Law will be the standard in presidential powers studies for years to come.

Cell phone apps share location information; software companies store user data in the cloud; biometric scanners read fingerprints; employees of some businesses have microchips implanted in their hands. In each of these instances we trade a share of privacy or an aspect of identity for greater convenience or improved security. What Robert M. Pallitto asks in Bargaining with the Machine is whether we are truly making such bargains freely - whether, in fact, such a transaction can be conducted freely or advisedly in our ever more technologically sophisticated world. Pallitto uses the social theory of bargaining to look at the daily compromises we make with technology. Specifically, he explores whether resisting these 'bargains' is still possible when the technologies in question are backed by persuasive, even coercive, corporate and state power. Who, he asks, is proposing the bargain? What is the balance of bargaining power? What is surrendered and what is gained? And are the perceived and the actual gains and losses the same - that is, what is hidden? At the center of Pallitto's work is the paradox of bargaining in a world of limited agency. Assurances that we are in control are abundant whether we are consumers, voters, or party to the social contract. But when purchasing goods from a technological behemoth like Amazon, or when choosing a candidate whose image is crafted and shaped by campaign strategists and media outlets, how truly free, let alone informed, are our choices? The tension between claims of agency and awareness of its limits is the site where we experience our social lives - and nowhere is this tension more pronounced than in the surveillance society. This book offers a cogent analysis of how that complex, contested, and even paradoxical experience arises as well as an unusually clear and troubling view of the consequential compromises we may be making.

The war on terror has brought to light troubling actions by the United States government which many claim amount to torture. But as this book shows, state-sanctioned violence and degrading, cruel, and unusual punishments have a long and contentious history in the nation.

Organized around five broad thematic periods in American history--colonial America and the early republic; slavery and the frontier; imperialism, Jim Crow, and World Wars I and II; the Cold War, Vietnam, and police torture; and the war on terror--this annotated documentary history traces the low and high points of official attitudes toward state violence. Robert M. Pallitto provides a critical introduction, historical context, and brief commentary and then lets the documents speak for themselves. The result is a nearly 400-year history that traces the continuities and changes in debates over the meaning of torture and state violence in the U.S. and shows where state actions and policies have pushed and exceeded constitutional and international normative limits.

Rigorously researched--and sometimes chilling--this volume is the first comprehensive reference work on state violence and torture in the U.S.

In the Supreme Court's 2008 ruling on whether Guantanamo detainees could be barred from U.S. courts, Justice Anthony Kennedy cited the U.S. Constitution, of course. But he also linked the decision to the Magna Carta. Why would a twenty-first-century judge, even under the extraordinary circumstances of the "war on terror," invoke a document signed by an English king in the thirteenth century? To address this question, as Robert Pallitto does in this clarifying book, is to probe the history of modern civil liberties, and to explore the process by which judges decide individual rights cases. Pallitto's work, with its insight into competing ideas about interpreting the Constitution-"originalism" versus "constitutional common law"-is of critical importance to our understanding of the nation's founding document. Of far more than symbolic significance, the Magna Carta exerts immediate practical influence on legal outcomes, as Justice Kennedy's opinion demonstrates. To explain this, Pallitto first goes into the Charter's origins, history, and nature, especially its explicit use of "the law of the land" to protect subjects' rights and liberty. The Magna Carta's legacy in the United States reaches back to the nation's founding, with even the colonial charters reflecting its influence. But it is in the Supreme Court's reference to the Charter, spanning the institution's full two-hundred years, that Pallitto finds the greatest impact-most frequently in the principles of due process (in criminal proceedings) and habeas corpus, but in many other provisions as well. And the weight of this impact registers most deeply and clearly in the development of the constitutional common law-the theory that courts should and do interpret and expand on constitutional texts by reference to tradition and precedent rather than to the drafters' original intent. Charting the Magna Carta's influence on the contemporary jurisprudence of individual rights-from the legal thought of the American colonies through exemplary cases over the history of the Supreme Court-this book offers resounding evidence of the evolution and value of abiding principles through which American liberty endures.