Suicide Pact by Napolitano, Andrew P. -- Read -- Imperial Library of Trantor

Index

Cover Page Title Page Copyright Page Dedication Contents Foreword Introduction Apologia 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

Congress The President

Chapter 3: National Security In the Revolutionary War Era

The Continental Congress

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 Congressman Matthew Lyon The Kentucky and Virginia Resolutions of 1798; Nullification

Chapter 4: The Civil War and Reconstruction Eras

Habeas Corpus During the Civil War: Ex Parte Merryman and Lincoln’s Usurpation of Congressional Prerogative Presidential Military Commissions: Ex Parte Vallandigham and Ex Parte Milligan Ex Parte McCardle 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 The Espionage Act of 1917 The Sedition Act of 1918 Property and Economic Rights: The Declaration of War, the Overman Act of 1918, and the War Boards Wilson’s Domestic War On Americans: The Return of Political Suppression In the United States–Sponsored By the Supreme Court and Congress

Suppression of Unpopular Viewpoints During the War Flooding the Marketplace of Ideas: The Work of the Committee On Public (Mis-)Information Barriers to Entry: The Justice Department, Voluntary Organizations, the Postmaster General, and the Federal Courts

Enforcing the Law With Voluntary Organizations: Executive Endorsement and Judicial Insulation of Mob Violence 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 Supreme Court Abides After the War In Europe Ends, the War Against the Home Front Continues: The First Red Scare, the Palmer Raids, and the Overman Committee The End of Wilson’s War On Americans

Chapter 6: The World War II Era: The Freedom of Speech and Power Over Property

The Freedom of Speech

While the Shadows of Nazism and Communism Fell Over Europe

The Fish Committee McCormack-Dickstein Committee HUAC/Dies Committee 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 Before Pearl Harbor: 1939–41 1942–45: The War Years

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 Wrongly Decided Overruled?

Executive Fiat: The Japanese Internment Camps

The Racial History of Executive Order 9066 Hirabayashi and Korematsu

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 Dennis v. United States 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 Can a Treaty Trump Freedom?

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 Noble Lies: The Gulf of Tonkin, Escalation In Vietnam Under LBJ, and Albertson v. Subversive Activities Control Board United States v. Robel United States v. O’Brien 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 Non-Detention Act of 1971 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 Ronald Reagan and George H. W. Bush Administrations: The First Blows of Global Terrorism and the Seeds of Al Qaeda 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 Other Battles In the Courts 2004–7: Declarations of Unconstitutionality With Respect to the PATRIOT Act Secrets for Some: Alteration of Declassification Procedure, Executive Order 13292, and the New York Times Sits On and Then Releases Data Collection Information 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 Torture Memos The Cheney Program: Under the Color of Law Bush’s Obstinacy On the Power to Torture: Jack Goldsmith, the Detainee Treatment Act of 2005, and Hamdan v. Rumsfeld

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 The Hamdan Case Begins 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 Boumediene v. Bush

Chapter 14: The Obama Administration: A Midterm Review of the Middle East, Torture, and Trials

Obama’s Wars

The Somali Theatre

The Bush Administration The Obama Administration

The Yemeni Theatre The Waziristani (Pakistani) Theatre The Libyan War

Torture and Unlimited Rendition The Right to Trial: Commissions Stand

Military Commissions Act of 2009 National Defense Authorization Act for Fiscal Year 2012

Chapter 15: The Obama Administration: A Midterm Review of Exponentially Expanded Drone Intervention and Privacy Attacks

The Drone Wars: Unmanned Aerial Vehicles and the Right to Life Under the Obama Administration

The Four (Known) Killing Cases: Anwar Al-Aulaqi, Samir Khan, Abdulrahman Al-Aulaqi, and Jude Mohammed 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 The Al-Aulaqi Case

Judge Bates Dismisses the Case Wrongly Decided: The Due Process Clause and the Treason Clause

Domestic Drones and Privacy

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

Reportergate Snowden and PRISM

Court Decisions The FISA Court Decisions

Secret Laws Uncovered: Declassified FISA Court Opinions The Lawfulness of the FISA Court Revisited

Conclusion Acknowledgments Notes Index About the Author

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