American National Security and Civil Liberties in an Era of Terrorism
In light of the ongoing war against terrorism, can the United States maintain its dedication to protecting civil liberties without compromising security? At stake is nothing less than the survival of ideas associated with the modern period of political ph
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AMERICAN NATIONAL SECURITY AND CIVIL LIBERTIES IN AN ERA OF TERRORISM Copyright © David B. Cohen and John W. Wells, 2004. Softcover reprint of the hardcover 1st edition 2004 978-1-4039-6199-0 All rights reserved. No part of this book may be used or reproduced in any manner whatsoever without written permission except in the case of brief quotations embodied in critical articles or reviews. First published 2004 by PALGRAVE MACMILLAN™ 175 Fifth Avenue, New York, N.Y. 10010 and Houndmills, Basingstoke, Hampshire, England RG21 6XS. Companies and representatives throughout the world. PALGRAVE MACMILLAN is the global academic imprint of the Palgrave Macmillan division of St. Martin’s Press, LLC and of Palgrave Macmillan Ltd. Macmillan® is a registered trademark in the United States, United Kingdom and other countries. Palgrave is a registered trademark in the European Union and other countries.
ISBN 978-1-349-52675-8 ISBN 978-1-4039-8121-9 (eBook) DOI 10.1057/9781403981219 ISBN 978-1-4039-6200-3 paperback Library of Congress Cataloging-in-Publication Data American national security and civil liberties in an era of terrorism / edited by David B. Cohen and John W. Wells. p. cm. Includes bibliographical references and index 978-1-4039-6200-3 (pbk.) 1. Civil rights—United States. 2. September 11 Terrorist Attacks, 2001- 3. War on Terrorism, 2001- 4. Terrorism—United States—Prevention. 5. United States—Politics and government—2001- I. Cohen, David B., 1967- II. Wells, John Wilson, 1969JC599.U5A4985 2004 323’.0973—dc22 2003065607 A catalogue record for this book is available from the British Library. Design by Autobookcomp First edition: April 2004 10 9 8 7 6 5 4 3 2 1
To those who pit Americans against immigrants, and citizens against non-citizens; to those who scare peaceloving people with phantoms of lost liberty; my message is this: Your tactics only aid terrorists—for they erode our national unity and diminish our resolve. They give ammunition to America’s enemies, and pause to America’s friends. They encourage people of good will to remain silent in the face of evil. —U.S. Attorney General John Ashcroft, December 6, 2001 Preserving our freedom is one of the main reasons we are now engaged in this new war on terrorism. We will lose that war without firing a shot if we sacrifice the liberties of the American people. —U.S. Senator Russell Feingold (D-WI), October 25, 2001
This book is dedicated to our wives for putting up with our silly hobby: Dawn Sommers Cohen and Gayle Maddox Wells
Contents List of Tables
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Preface
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Introduction: American National Security and Civil Liberties in an Era of Terrorism John W. Wells and David B. Cohen 1 At Odds with One Another: The Tension between Civil Liberties and National Security in Twentieth-Century America Jerel A. Rosati 9 Protecting (or Destroying) Freedom through Law: The USA PATRIOT Act’s Constitutional Implications Christopher P. Banks 29 Presidential Power, Judicial Deference, and the Status of Detainees in an Age of Terrori
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