0300127030

9780300127034

0300112890

1281740632

9780300112894

9781281740632

Also includes information on aftermath of terrorist attack, Al Qaeda, George W. Bush, civil liberties, U.S. Congress, U.S. Constitution, courts, detainees, detention, due process, emergency constitution, emergency powers, emergency regime, existential crisis, extraordinary powers, Founding Fathers, framework statutes, freedom, habeas corpus writ, Iraq war, Abraham Lincoln, Jose Padilla, panic reaction, precedents of presidential powers, presidency, president, Franklin D. Roosevelt, rule of law, second strike, Second World War, secrecy, seizure, September 11, 2001, state of emergency, supermajoritarian escalator, terrorist attack, torture, United Kingdom, etc.

Terrorist attacks regularly trigger the enactment of repressive laws, setting in motion a vicious cycle that threatens to devastate civil liberties over the twenty-first century. In this book, Bruce Ackerman peers into the future and presents a practical alternative. He proposes an ʺemergency constitutionʺ that enables government to take extraordinary actions to prevent a second strike in the short run while prohibiting permanent measures that destroy our freedom over the longer run. Ackermanʼs ʺemergency constitutionʺ exposes the dangers lurking behind the popular notion that we are fighting a ʺwarʺ on terror. He criticizes court opinions that have adopted the war framework, showing how they uncritically accept extreme presidential claims to sweeping powers. Instead of expanding the authority of the commander in chief, the courts should encourage new forms of checks and balances that allow for decisive, but carefully controlled, presidential action during emergencies. In making his case, Ackerman explores emergency provisions in constitutions of nations ranging from France to South Africa, borrowing some useful aspects and adapting others. He shows that no country today is well equipped to both fend off terrorists and preserve fundamental liberties, drawing particular attention to recent British reactions to terrorist attacks: Book jacket.

This is not a war

This is not a crime

This is an emergency

The political constitution

The role of judges

American exceptionalism

If Washington blows up?

The morning after.

Terrorism > Prevention > Law and legislation > United States.

Terrorism > United States.

War and emergency legislation > United States.