National Security and Civil Liberty takes the reader on a unique journey through American history from the colonial era to the present day. Suitable for a history, criminal justice, or law class, no other book on the market examines two centuries of American history from the perspective of balancing national security and individual civil liberty interests. Where other books may focus on a particular liberty issue or security issue - such as government spying on political groups or distrust of aliens - this book reviews history by examining events occurring during significant decades in America's history (e.g.: The Colonial Era, Civil War Era, the Cold War Era). This approach enables the reader to better appreciate how two centuries of war, acts of terror, distrust of aliens, innovations in technology, and presidential intrigue have shaped the federal government's present response to perceived threats to our national security. Sadly, government action (spying, censorship, mass internment) in the face of a perceived crisis (the threat of communism, violent groups, terrorists) has usually led to the temporary lessening of traditional civil liberties, followed by cooling-off periods of decreased federal action where civil liberties are restored. However, our history has shown that once initiated, government encroachment upon individual liberty and freedom is never completely halted. The net effect of decades of steady, incremental advances in technology and military capabilities, coupled with the acceptance of ever-lessening liberties since the 9/11 attacks, means that we may now be living in a "police state" in America. After reading the book, students will have a solid foundation of historical information upon which to draw as they examine the issue of the trading of cherished liberties in the hope it will lead to increased security.

Since the Revolutionary War, America's military and political leaders have recognized that U.S. national security depends upon the collection of intelligence. Absent information about foreign threats, the thinking went, the country and its citizens stood in great peril. To address this, the Courts and Congress have historically given the President broad leeway to obtain foreign intelligence. But in order to find information about an individual in the United States, the executive branch had to demonstrate that the person was an agent of a foreign power. Today, that barrier no longer exists. The intelligence community now collects massive amounts of data and then looks for potential threats to the United States. As renowned national security law scholar Laura K. Donohue explains in The Future of Foreign Intelligence, global communications systems and digital technologies have changed our lives in countless ways. But they have also contributed to a worrying transformation. Together with statutory alterations instituted in the wake of 9/11, and secret legal interpretations that have only recently become public, new and emerging technologies have radically expanded the amount and type of information that the government collects about U.S. citizens. Traditionally, for national security, the Courts have allowed weaker Fourth Amendment standards for search and seizure than those that mark criminal law. Information that is being collected for foreign intelligence purposes, though, is now being used for criminal prosecution. The expansion in the government's acquisition of private information, and the convergence between national security and criminal law threaten individual liberty. Donohue traces the evolution of U.S. foreign intelligence law and pairs it with the progress of Fourth Amendment jurisprudence. She argues that the bulk collection programs instituted by the National Security Agency amount to a general warrant, the prevention of which was the reason the Founders introduced the Fourth Amendment. The expansion of foreign intelligence surveillanceleant momentum by advances in technology, the Global War on Terror, and the emphasis on securing the homelandnow threatens to consume protections essential to privacy, which is a necessary component of a healthy democracy. Donohue offers a road map for reining in the national security state's expansive reach, arguing for a judicial re-evaluation of third party doctrine and statutory reform that will force the executive branch to take privacy seriously, even as Congress provides for the collection of intelligence central to U.S. national security. Alarming and penetrating, this is essential reading for anyone interested in the future of foreign intelligence and privacy in the United States.

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.

Tracing the history of government intrusions on Constitutional rights in response to threats from abroad, Cole and Dempsey warn that a society in which civil liberties are sacrificed in the name of national security is in fact less secure than one in which they are upheld. A new chapter includes a discussion of domestic spying, preventive detention, the many court challenges to post-9/11 abuses, implementation of the Patriot Act, and efforts to reestablish the checks and balances left behind in the rush to strengthen governmental powers.

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.

Did America's democratic convictions "change forever" after the terrorist attacks of September 11? In the wake of 9/11, many pundits predicted that Americans' new and profound anxiety would usher in an era of political acquiescence. Fear, it was claimed, would drive the public to rally around the president and tolerate diminished civil liberties in exchange for security. Political scientist Darren Davis challenges this conventional wisdom in Negative Liberty, revealing a surprising story of how September 11 affected Americans' views on civil liberties and security. Drawing on a unique series of original public opinion surveys conducted in the immediate aftermath of 9/11 and over the subsequent three years, Negative Liberty documents the rapid shifts in Americans' opinions regarding the tradeoff between liberty and security, at a time when the threat of terrorism made the conflict between these values particularly stark. Theories on the psychology of threat predicted that people would cope with threats by focusing on survival and reaffirming their loyalty to their communities, and indeed, Davis found that Americans were initially supportive of government efforts to prevent terrorist attacks by rolling back certain civil liberties. Democrats and independents under a heightened sense of threat became more conservative after 9/11, and trust in government reached its highest level since the Kennedy administration. But while ideological divisions were initially muted, this silence did not represent capitulation on the part of civil libertarians. Subsequent surveys in the years after the attacks revealed that, while citizens' perceptions of threat remained acute, trust in the government declined dramatically in response to the perceived failures of the administration's foreign and domestic security policies. Indeed, those Americans who reported the greatest anxiety about terrorism were the most likely to lose confidence in the government in the years after 2001. As a result, ideological unity proved short lived, and support for civil liberties revived among the public. Negative Liberty demonstrates that, in the absence of faith in government, even extreme threats to national security are not enough to persuade Americans to concede their civil liberties permanently. The September 11 attacks created an unprecedented conflict between liberty and security, testing Americans' devotion to democratic norms. Through lucid analysis of concrete survey data, Negative Liberty sheds light on how citizens of a democracy balance these competing values in a time of crisis.

ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu