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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
This fiery monograph shows a side of Murray Rothbard not seen in
his theoretical treatise: his ability to employ "power elite"
analysis to understand the relationship between money, power, and
war. Rather than allow the left to dominate this approach to
history, Rothbard shows how wealthy elites are only able to
manipulate world affairs via their connection to state power. Those
mainstream historians might deride Rothbard's history as a
"conspiracy" approach, Rothbard himself is only out to show that
world affairs are not random historical forces but the consequence
of choices and paths chosen by real human beings. Here he gives the
grim details of how a network of banks, bond dealers, and Wall
Street insiders have both favored war and profited from it.
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