Taking Liberties: The War on Terror and the Erosion of American Democracy

By Susan N. Herman | Go to book overview

11.
Losing Our Checks and Balances: The President
the Congress, and the Courts

We do not believe it is possible to defeat all terrorist attacks
against Americans, every time and everywhere. A president
should tell the American people: No president can promise that a
catastrophic attack like that of 9/11 will not happen again
.—9/11
Commission (2004)1

[M]y single most important responsibility as President is to keep
the American people safe. It’s the first thing that I think about
when I wake up in the morning. It’s the last thing that I think
about when I go to sleep at night
.—President Barack Obama (2009)2

AS THE PREVIOUS chapters have shown, the post-9/11 Just Trust Us frame generates systemic pressure on all three branches of the federal government—the president, the Congress, and the courts—to move in lockstep. Again and again, the executive branch overreacted or was tempted by secrecy to exceed its powers; again and again, Congress failed to rein in abuses or to fulfill its responsibility to monitor executive agency actions; again and again, the courts discarded serious constitutional challenges to the president’s and Congress’s actions for trumped-up procedural reasons. Throughout the first post-9/11 decade, there was too much apparent unanimity among the three branches and too little determination to respect our rights and our traditions. This superficial unanimity, combined with pervasive secrecy, has papered over serious constitutional and policy questions—questions about who we want to be as a nation going forward. The stories of the past ten chapters show some of the price we and our fellow Americans have paid due to this failure of the Constitution’s checks and balances. One necessary step to restoring and preserving our rights and our democracy is to reflect on what we can expect from each of the three branches of government while terrorism challenges us, and compare our expectations to what we have gotten so far.

-189-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Taking Liberties: The War on Terror and the Erosion of American Democracy
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Acknowledgments xi
  • Introduction 3
  • I - Dragnets and Watchlists 21
  • 1 - The Webmaster and the Football Player 23
  • 2 - "Foreign Terrorist Organizations/’ Humanitarians, and the First Amendment 39
  • 3 - Charity at Home 51
  • 4 - Traveling with Terror 66
  • 5 - Banks and Databanks 86
  • II - Surveillance and Secrecy 103
  • 6 - Gutting the Fourth Amendment 105
  • 7 - The Patriot Act and Library/Business Records 121
  • 8 - Gagging the Librarians 136
  • 9 - John Doe and the National Security Letter 150
  • 10 - The President’s Surveillance Program 165
  • III - American Democracy 187
  • 11 - Losing Our Checks and Balances- The President the Congress, and the Courts 189
  • Conclusion 209
  • Notes 219
  • Further Reading 259
  • Photo Credits 263
  • Index 265
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 276

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.