Civil Liberties And State: A Documentary And Reference Guide, 1st Edition

  • Christopher Peter Latimer
  • Published By:
  • ISBN-10: 0313379351
  • ISBN-13: 9780313379352
  • DDC: 342.7308
  • Grade Level Range: 9th Grade - College Senior
  • 280 Pages | eBook
  • Original Copyright 2010 | Published/Released March 2011
  • This publication's content originally published in print form: 2010

  • Price:  Sign in for price

About

Overview

The USA PATRIOT Act, the actions and free speech of the Ku Klux Klan, and the use of privately owned devices with GPS by law enforcement are all highly controversial topics that fall under the blanket of civil liberties and federal or state authority—subjects that are important to most Americans. This book provides a comprehensive examination of arbitrary state action post-September 11, 2001, combining detailed examinations of specific legislation with watershed coverage of issues such as freedom of speech, press, and religion as well as various aspects of criminal law and procedure. This text presents documents from Britain, the American colonial period, the Founding period, and the modern era, including recent Supreme Court cases. The author provides an accompanying analysis of each document, providing insightful historical context and ramifications of the decisions and the laws passed.

Table of Contents

Front Cover.
Half Title Page.
Title Page.
Copyright Page.
Contents.
Reader's Guide to Related Documents and Sidebars.
Preface.
Acknowledgments.
Introduction.
1: Colonial and Founding Documents.
2: The Magna Carta.
3: The Habeas Corpus Act of 1679.
4: The British Bill of Rights.
5: The Massachusetts Constitution.
6: U.S. Constitution: Fifth Amendment.
7: Luther Martin, Genuine Information.
8: Debate at the Massachusetts Ratifying Convention.
9: Federalist Paper #84.
10: William Rawle, A View of the Constitution of the United States, 1829.
11: President Lincoln's Suspension of the Writ of Habeas Corpus.
12: The Habeas Corpus Act of 1863.
13: The Fourteenth Amendment.
14: Montesquieu and the Importance of Free Speech.
15: The First Amendment of the United States Constitution.
16: Government Controlling Speech during Times of Crisis.
17: The Rights of Noncitizens during Times of Crisis.
18: The Right to Privacy in America.
19: Early Court Rulings on Due Process, Equal Protection, First Amendment, and Privacy.
20: The Appeal of Richard Chambers and the Writ of Habeas Corpus.
21: The Status of Slavery Is Changed by the Sommersett Case.
22: The Supreme Court and the Writ of Habeas Corpus.
23: Executive Authority and the Suspension Clause of the United States Constitution.
24: The Sedition Act Trials.
25: The Right to Be Let Alone.
26: 20th-Century Statements and Enactments.
27: Executive Order to Intern Japanese Americans.
28: Executive Order 9835.
29: Registration of Communist Organizations.
30: Outlawing the Communist Party in America.
31: The Impact of World War I on Speech Rights: The Espionage Act of 1917.
32: The Impact of World War I on Speech Rights: The Sedition Act of 1918.
33: Alien Registration Act.
34: President Dwight D. Eisenhower's Executive Order 10450.
35: The Privacy Act of 1974.
36: The Foreign Intelligence Surveillance Act of 1978.
37: The Communications Assistance for Law Enforcement Act, 1994.
38: 20th-Century Court Rulings.
39: Executive Power to Establish Military Commissions during World War II.
40: Japanese Curfew after the Bombing of Pearl Harbor.
41: Habeas Corpus and Noncitizens.
42: Footnote 4 and Levels of Scrutiny for Equal Protection Analysis.
43: Equal Protection and Strict Scrutiny Analysis under Korematsu.
44: The Clear and Present Danger Test for First Amendment Jurisprudence.
45: Criminalizing Anti-American Speech.
46: Justice Brandeis's Concurring Opinion and the “Time to Answer” Test.
47: Modification of the Clear and Present Danger Test for First Amendment Analysis.
48: The Incitement Test Providing Greater Protection under the First Amendment.
49: The “Right to Be Let Alone”.
50: The Constitutional Right to Privacy.
51: Reasonable Expectation of Privacy.
52: The Fourth Amendment and Domestic Surveillance.
53: 21st-Century Enactments Concerning the War on Terror.
54: Congress Responds to September 11: The Authorization for Use of Military Force.
55: The President Responds to September 11: President Bush Signs Executive Order Authorizing Military Tribunals (Commissions).
56: Congress Responds to September 11: The USA PATRIOT Act.
57: Congress and the President Attempt to Circumvent the Judicial Review of Detainees.
58: Congress Passes the Military Commissions Act of 2006.
59: 21st-Century Court Rulings.
60: Supreme Court Responds to September 11: An Examination of Habeas Corpus Petitions from U.S. Citizens Designated as Enemy Combatants.
61: Supreme Court Reviews President Bush's Military Order Establishing Military Commissions for Enemy Combatants.
62: The Military Commissions Act (MCA) and Habeas Corpus Petitions by Enemy Combatants at Guantanamo Bay, Cuba.
63: The Sixth Circuit: The First Amendment and the Right to Access Deportation Hearings.
64: Free Speech and a Designated Demonstration Zone for the 2004 National Democratic Convention.
65: The Right to Privacy in the Technological Age.
66: Arbitrary State Action and Politics.
67: 2008 Democratic Party Platform Concerning Civil Liberties.
68: 2008 Republican Party Platform Concerning Civil Liberties.
69: Advocacy Group Mission Statements.
Civil Liberties Resources.
Index.
About the Author.