Cardozo Public Law, Policy & Ethics Journal
Abstract
The article argues that post-9/11 laws, particularly the Antiterrorism and Effective Death Penalty Act (AEDPA) and the USA PATRIOT Act (USAPA), have dangerously expanded governmental power at the expense of civil liberties. These laws, through provisions like material support for terrorism and the designation of Foreign Terrorist Organizations (FTOs), enable prosecutions that often violate due process and First Amendment rights. The article contends that sacrificing civil liberties for national security is both unnecessary and harmful, part of a historical pattern that undermines democracy and the rule of law.
Disciplines
Constitutional Law | Fourth Amendment | Law | Law Enforcement and Corrections
Recommended Citation
Jennifer Van Bergen,
In the Absence of Democracy: The Designation and Material Support Provisions of the Anti-Terrorism Laws,
2
Cardozo Pub. L. Pol’y & Ethics J.
107
(2003).
Available at:
https://larc.cardozo.yu.edu/cplpej/vol2/iss1/12
Included in
Constitutional Law Commons, Fourth Amendment Commons, Law Enforcement and Corrections Commons