Terrorism and the Constitution

Sacrificing Civil Liberties in the Name of National Security

Revised and Updated

David Cole and James X. Dempsey

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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.

James X. Dempsey is executive director at the Center for Democracy and Technology and former assistant counsel to the U.S. House of Judiciary Subcommittee on Civil Constitutional Rights. David Cole is a professor at Georgetown University Law Center, and a volunteer staff attorney at the Center for Constitutional Rights. He is also legal affairs correspondent for The Nation and a commentator on NPR’s All Things Considered. He was named one of the top forty-five public sector lawyers under forty-five by The American Lawyer.