By Raneta Lawson Mack
We're in tricky occasions for the safety of our liberties. still, electorate are displaying an elevated willingness to withstand the erosion of the U.S. structure. . . . Lawson Mack and Kelly tension the significance of no longer giving up those primary rights and finish with a message of optimism, noting an elevated backlash opposed to the administration's extra draconian measures. even though the panorama remains to be particularly bleak, switch is within the air.-Michael Ratner, President, heart for Constitutional Rights, from the foreword"A compelling and complex critique of the U.S. government's post-9/11 activities. Mack and Kelly set the level with the historic standpoint on America's reaction to terrorism and the review of terrorist threats, sooner than launching right into a finished research of the us Patriot Act. Their hard-hitting process and easy-to-read type makes for a desirable therapy of the government's legislative and govt reaction to the attacks."-Michael P. Scharf, Case Western Reserve college institution of LawWith its sweeping critique of the us Patriot Act and the Bush administration's maneuvers in pursuit of terrorists, equivalent Justice within the stability is a sobering and exacting examine American criminal responses to terrorism, either prior to and after 9/11.The authors aspect wide-ranging and persuasive facts that American antiterrorism laws has resulted in critical infringements of our civil rights. They convey us how deviations from our basic rules of equity and justice in occasions of heightened nationwide anxiety-whether the crimson Scare, international struggle II, or the struggle on Terrorism-have led to overreaction and extra, later requiring apologies and reparations to these victimized by means of a paranoia-driven justice system.While terrorist attacks-especially on a wide scale and on American soil-damage our nationwide delight and feel of protection, the authors provide strong arguments for why we needs to let our judicial infrastructure, imperfect because it is, to reply with out undue interference from the politics of anger and vengeance.
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Additional info for Equal Justice in the Balance: America's Legal Responses to the Emerging Terrorist Threat
Sample text
These groups are tremendously successful in their efforts to recruit members from the alienated and marginalized segments of society. They aggressively prey upon gullible individuals thought to be searching for some semblance of order and meaning in their lives. 8 Hate, vengeance, and violence against a powerful oppressor afford a sense of purpose to the directionless masses, who often embrace terrorist ideologies with such zeal that many consider it an honor to sacrifice their lives to promote these beliefs.
6 Defining the Others researching the subject of terrorism have agreed with Challenge Khan's observations and further contend that terrorism cannot be 9 defined without due consideration to the political perspective of the definer. That is, the definition is purely subjective and usually reflective of a particular political goal. For instance, countries such as Syria, Libya, and Iran have promoted an international definition of terrorism that would categorize groups they sponsor as "freedom fighters," thereby giving such groups virtually unlimited permis sion to carry out their goals by any means necessary.
31 Similarly, Justice Jackson, in a particularly strident dissent, warned of the possibility for further abuse if the Court sanctioned such a blatant constitutional violation: Much is said of the danger to liberty from the Army program for deporting and detaining these citizens of Japanese extrac tion. But a judicial construction of the due process clause that will sustain this order is a far more subtle blow to liberty than the promulgation of the order itself. A military order, how ever unconstitutional, is not apt to last longer than the military emergency.