[Infowarrior] - Book: The Constitution and 9/11
Richard Forno
rforno at infowarrior.org
Tue Sep 2 16:16:28 UTC 2008
The Constitution and 9/11
http://www.fas.org/blog/secrecy/2008/09/the_constitution_and_911.html
The presidential campaigns have been largely silent so far regarding
the post-9/11 changes in the character of American government. But
those changes, documented by constitutional scholar Louis Fisher in a
new book, have been profound and far-reaching, and they remain to be
addressed.
“Following the terrorist attacks of September 11, 2001, the United
States abandoned many of its rights and privileges for the accused,
both citizens and non-citizens,” Mr. Fisher writes.
“With political power concentrated in the President, executive branch
officials met in secret to draft policies that supported the arrest
and detention of suspected terrorists. They saw no need to make
specific charges, provide counsel, or allow the accused an opportunity
to examine evidence.”
“Military commissions became a substitute for civil courts and courts-
martial. Suspects were flown to foreign prisons for interrogation and
torture. Some of the administration initiatives violated existing
statutes and treaties. Once again in America, emergency powers were
invoked to disregard individual rights and weaken national security,”
writes Mr. Fisher, a specialist in separation of powers at the Law
Library of Congress.
For those who have not been paying attention, Mr. Fisher recounts the
major departures from legal norms that have unfolded in recent years,
with chapters on Guantanamo, domestic surveillance, military tribunals
and state secrets. And for those who have been paying attention, the
book adds a new dimension of historical understanding, tracing the
precursors to current policies and their eventual repudiation. (I
contributed a blurb for the book jacket.)
See “The Constitution and 9/11: Recurring Threats to America’s
Freedoms” by Louis Fisher, University of Kansas Press, 2008.
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