Foreword by Sen. Rand Paul
PART I: 1770–1880 THE STRUGGLE FOR NATURAL LIBERTY
Chapter 1: A Philosophical Primer
Individual Rights, Personal Autonomy, and Self-Ownership
The State of Nature and Natural Rights
Leaving the State of Nature: Consent, Government, and Law
War as an Organ of State Health and Power
Debunking Myths: Freedom as a Bias Against Security, Not a Balancing Act
Chapter 2: A Constitutional Overview of the Duty to Defend and the Power to Wage Successful War
The Allocation of War Powers Under the Constitution
Chapter 3: National Security in the Revolutionary War Era
The Treason Clause and the First Amendment
The Pompton Mutiny and the Whiskey Rebellion
The Alien and Sedition Acts of 1798
History of the Acts: The XYZ Affair
The Three Alien and Sedition Acts
The Kentucky and Virginia Resolutions of 1798; Nullification
Chapter 4: The Civil War and Reconstruction Eras
Presidential Military Commissions: Ex parte Vallandigham and Ex parte Milligan
The Posse Comitatus Act of 1878
PART II: 1900–1946 THE NOBLE LIARS
Chapter 5: Turn-of-the-Century America: The Wilson Administration and World War I
The Advent of State Secrecy Statutes: The Defense Secrets Act of 1911
Property and Economic Rights: The Declaration of War, the Overman Act of 1918, and the War Boards
Suppression of Unpopular Viewpoints During the War
Flooding the Marketplace of Ideas: The Work of the Committee on Public (Mis-)Information
Criminal Prosecutions Under the Acts
The United States Will Not Mail Your Ideas: The Postmaster in World War I
Give Us Your Tired, Your Hungry, and Your Loyal: Deportations Under the Alien Act of 1918
The End of Wilson’s War on Americans
Chapter 6: The World War II Era: The Freedom of Speech and Power Over Property
While the Shadows of Nazism and Communism Fell Over Europe
The FBI and Domestic Spying: When Did the Government Start Spying on Americans?
Wartime Hysteria Explodes: The Fall of France
The Alien and Sedition Act of 1940: The Smith Act
Pelley and the Great Sedition Trial
Economic Liberties: The First and Second War Powers Acts and the Return of the War Boards
Backdrop: Jurisprudence and Self-Ownership After the Depression
War Is Declared, and Powers Are Expanded
Guns and Butter: The Return of the War Boards
Chapter 7: The World War II Era: Quirin and the Japanese Cases
The Right to a Trial: Military Tribunals and Ex parte Quirin
The Increasingly Relevant Case of the Eight Nazi Saboteurs and the U-boats in New York and Florida
Executive Fiat: The Japanese Internment Camps
The Racial History of Executive Order 9066
The Post-War: No Return to Reason
PART III: 1947–PRESENT THE LONG WARS
Chapter 8: The Cold War: The Truman Years, the Korean Conflict, and the Second Red Scare
The McCarran Internal Security Act of 1950
The Wrath of the Smith Act and the Escalating Korean Conflict
Cold War Tension and the Great Communist Trial of 1949
Invasion and the Second Circuit Court of Appeals
License to Persecute: The Second-Tier Offenders
The End of the Second Red Scare: The Warren Court
Property Rights and Presidential Power in the Korean War: Youngstown Sheet and Tube Co. v. Sawyer
Chapter 9: The Cold War: The Civil War in Vietnam
The Vietnam War Under JFK and LBJ: Liberalization and Vacillation on the Freedom of Speech
Kennedy and Scales v. United States
The Dawning of the Nixon Years: Brandenburg v. Ohio
Nixon’s ’Nam: The Vietnam War from the Late 1960s into the 1970s
COINTELPRO and the Rise of Domestic Spies
The Pentagon Papers and Watergate
Nixon’s Legacy: Attacks on Presidential Power
The War Powers Resolution of 1973
The Church Committee and the Foreign Intelligence Surveillance Act of 1978
Chapter 10: Before 9/11: America and Global Terror from 1980–2001
The Clinton Administration: The War on Terror Begins and the Executive Claims New Powers
The 1993 World Trade Center Bombings
Clinton and al Qaeda 1996–2001: Afghanistan, Khobar Towers, the Embassy Bombings, and the USS Cole
The Early George W. Bush Administration on Counterterrorism
Chapter 11: The George W. Bush Administration: The Global War on Terror and Privacy in the Post–9/11 World
Bush’s Wars: Congress, The Authorization for Use of Military Force of 2001, and H. J. Res. 114
The Afghanistan Theatre Under the AUMF
The Iraq Theatre: The Noble Liars
The Right to Privacy in the Global War on Terror
The President’s Surveillance Programs
The PATRIOT Act of 2001: Offensive Portions of the Act
Total Information Awareness and the 2004 FBI-Justice Department Mutiny
Political Prosecutions in the Bush Era: The IT CEO and the Notre Dame Professor
PRISM Takes the Torch: The Protect America Act of 2007 and the 2008 FISA Court Amendments
Chapter 12: The George W. Bush Administration: Render and Torture
Bush’s Supreme Court: The Office of Legal Counsel
The Cheney Program: Under the Color of Law
The President’s Advisor Tries to Kill the Policy
The Detainee Treatment Act of 2005 and the Non-Veto Veto
Hamdan v. United States: The Supreme Court Is Angered
Chapter 13: The George W. Bush Administration: The Right to Trial
The Revival of Military Commissions and the Right to Trial
The American Star Chamber Court: The Pink Palace Court
Military Order of November 13, 2001
The Commissions Begin and Then Bungle
The Supreme Court Against Congress and the President
The Warning Volley: Padilla, Hamdi, and Rasul
Congress Steps In Between the Court and the President
Stevens Strikes Back: Hamdan v. Rumsfeld
The Return of the Congress: The Military Commissions Act of 2006
Chapter 14: The Obama Administration: A Midterm Review of the Middle East, Torture, and Trials
The Waziristani (Pakistani) Theatre
Torture and Unlimited Rendition
The Right to Trial: Commissions Stand
Military Commissions Act of 2009
National Defense Authorization Act for Fiscal Year 2012
The Drone Wars: Unmanned Aerial Vehicles and the Right to Life Under the Obama Administration
The Targeting “Due” Process: CIA Adjudication
President Obama himself approves the final orders to kill
The DOJ White Paper and State Secrets: The McMahon Betrayal
Judge Bates Dismisses the Case
Wrongly Decided: The Due Process Clause and the Treason Clause
The Right to Privacy: PRISM, FISA, and the Snowden Controversy
Hopelessly Without Change: Reauthorization and Expansion of the Worst Acts
The Espionage Act of 1917: Reportergate, Edward Snowden, and PRISM
Secret Laws Uncovered: Declassified FISA Court Opinions