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The essays in this volume do not claim that the Revolution of 1688-89 in itself constituted an epoch-making event in the history of progress and freedom. Instead, they argue that it marks an important conjunction of many trends, changes, and developments in the years before and after 1688.
Explores the varied ways in which threats to national security have affected civil liberties throughout American history. Has the government’s response to such threats led to a gradual loss of freedoms once taken for granted, or has the nation learned how to restore civil liberties after threats subside and how to put protections in place for the future? The authors focus on periods of national emergency in the twentieth century—from World War I through the Vietnam War—to explore how past episodes might bear upon today’s dilemma. They show that civil liberties are a not an immutable right, but the historically shifting result of a continuous struggle that has extended over two centuries. From publisher description.

The NSA Report

President's Review Group on Intelligence and Communications Technologies, The

Published: 2014-03-31

Total Pages: 287


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The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.
All aspire to liberty and security in their lives but few people truly enjoy them. This book explains why this is so. In what Conor Gearty calls our 'neo-democratic' world, the proclamation of universal liberty and security is mocked by facts on the ground: the vast inequalities in supposedly free societies, the authoritarian regimes with regular elections, and the terrible socio-economic deprivation camouflaged by cynically proclaimed commitments to human rights. Gearty's book offers an explanation of how this has come about, providing also a criticism of the present age which tolerates it. He then goes on to set out a manifesto for a better future, a place where liberty and security can be rich platforms for everyone's life. The book identifies neo-democracies as those places which play at democracy so as to disguise the injustice at their core. But it is not just the new 'democracies' that have turned 'neo', the so-called established democracies are also hurtling in the same direction, as is the United Nations. A new vision of universal freedom is urgently required. Drawing on scholarship in law, human rights and political science this book argues for just such a vision, one in which the great achievements of our democratic past are not jettisoned as easily as were the socialist ideals of the original democracy-makers.
Politicians, scholars, and even Supreme Court justices often look to Madison's broader body of work for guidance when interpreting the Bill of Rights. This title presents examination of Madison's political philosophy as reflected in the "Bill of Rights" and modern interpretations by Supreme Court justices.
Liberty Fund is pleased to present this single-volume collection of Gouverneur Morris's writings. This edition will be a welcome addition to scholars of American and French history as the volume contains many writings that have never before been published. Providing his unique perspective, this is a wonderful and accessible single source that illuminates the political and economic thought of Gouverneur Morris.
Before the American Revolution, no colony more assiduously protected its established church or more severely persecuted religious dissenters than Virginia. Both its politics and religion were dominated by an Anglican establishment, and dissenters from the established Church of England were subject to numerous legal infirmities and serious persecution. By 1786, no state more fully protected religious freedom. This profound transformation, as John A. Ragosta shows in this book, arose not from a new-found cultural tolerance. Rather, as the Revolution approached, Virginia's political establishment needed the support of the religious dissenters, primarily Presbyterians and Baptists, for the mobilization effort. Dissenters seized this opportunity to insist on freedom of religion in return for their mobilization. Their demands led to a complex and extended negotiation in which the religious establishment slowly and grudgingly offered just enough reforms to maintain the crucial support of the dissenters. After the war, when dissenters' support was no longer needed, the establishment leaders sought to recapture control, but found they had seriously miscalculated: wartime negotiations had politicized the dissenters. As a result dissenters' demands for the separation of church and state triumphed over the establishment's efforts and Jefferson's Statute for Establishing Religious Freedom was adopted. Historians and the Supreme Court have repeatedly noted that the foundation of the First Amendment's protection of religious liberty lies in Virginia's struggle, turning primarily to Jefferson and Madison to understand this. In Wellspring of Liberty, John A. Ragosta argues that Virginia's religious dissenters played a seminal, and previously underappreciated, role in the development of the First Amendment and in the meaning of religious freedom as we understand it today.
A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.
In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.