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To defend its citizens from harm, must the government have unfettered access to all information? Or, must personal privacy be defended at all costs from the encroachment of a surveillance state? And, doesn't the Constitution already protect us from such intrusions? When the topic of discussion is intelligence-gathering, privacy, or Fourth Amendment protections against unreasonable search and seizure, the result is usually more heat than light. Anthony Gregory challenges such simplifications, offering a nuanced history and analysis of these difficult issues. He highlights the complexity of the relationship between the gathering of intelligence for national security and countervailing efforts to safeguard individual privacy. The Fourth Amendment prohibiting unreasonable searches and seizures offers no panacea, he finds, in combating assaults on privacy-whether by the NSA, the FBI, local police, or more mundane administrative agencies. Given the growth of technology, together with the ambiguities and practical problems of enforcing the Fourth Amendment, advocates for privacy protections need to work on multiple policy fronts.
Despite its mystique as the greatest Anglo-American legal protection, habeas corpus' history features power plays, political hypocrisy, ad hoc jurisprudence, and failures in securing individual liberty. This book tells the story of the writ from medieval England to modern America, crediting the rocky history to the writ's very nature as a government power. The book weighs in on habeas' historical controversies - addressing its origins, the relationship between king and parliament, the US Constitution's Suspension Clause, the writ's role in the power struggle between the federal government and the states, and the proper scope of federal habeas for state prisoners and wartime detainees from the Civil War and World War II to the War on Terror. It stresses the importance of liberty and detention policy in making the writ more than a tool of power. The book presents a more nuanced and critical view of the writ's history, showing the dark side of this most revered judicial power.
Despite its mystique as the greatest Anglo-American legal protection, habeas corpus's history features opportunistic power plays, political hypocrisy, ad hoc jurisprudence, and many failures in effectively securing individual liberty. The Power of Habeas Corpus in America tells the story of the writ from medieval England to modern America, crediting the rocky history to the writ's very nature as a government power. The book weighs in on habeas's historical controversies addressing its origins, the relationship between king and parliament, the U.S. Constitution's Suspension Clause, the writ's role in the power struggle between the federal government and the states, and the proper scope of federal habeas for state prisoners and for wartime detainees from the Civil War and World War II to the War on Terror. The concluding chapters stress the importance of liberty and detention policy in making the writ more than a tool of power. Taken as a whole, the book presents a more nuanced and critical view of the writ's history, showing the dark side of this most revered judicial power."
LARGE PRINT EDITION More at LargePrintLiberty.com
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