Before the Next Attack: Emergency Powers in an Age of Terrorism

Terrorist attacks regularly trigger the enactment of repressive laws, setting in motion a vicious cycle that threatens to devastate civil liberties over the twenty-first century. In this clear-sighted book, Bruce Ackerman peers into the future and presents an intuitive, practical alternative. He proposes an 'emergency constitution' that enables government to take extraordinary actions to prevent a second strike in the short run while prohibiting permanent measures that destroy our freedom over the longer run. Ackerman's 'emergency constitution' exposes the dangers lurking behind the popular notion that we are fighting a "war" on terror. He criticizes court opinions that have adopted the war framework, showing how they uncritically accept extreme presidential claims to sweeping powers. Instead of expanding the authority of the commander-in-chief, the courts should encourage new forms of checks and balances that allow for decisive, but carefully controlled, presidential action during emergencies. In making his case, Ackerman explores emergency provisions in constitutions ranging from France to South Africa, retaining aspects that work and adapting others. He shows that no country today is well equipped to both fend off terrorists and preserve fundamental liberties, drawing particular attention to recent British reactions to terrorist attacks. Written for thoughtful citizens throughout the world, this book is democracy's constitutional reply to political excess in the sinister era of terrorism.

About the Author :
Bruce Ackerman is Sterling Professor of Law and Political Science, Yale University, and the author or coauthor of more than fifteen books on political philosophy, constitutional law and public policy.

Review :
"Bruce Ackerman''s book is a tour de force. He has brilliantly combined a subtle treatment of the legal issues with a politically astuteand courageousplan for preserving our constitutional system in the event of a future cataclysm. The time to think about these issues is now, and this book, which should be required reading for our national leaders, is the place to begin."Eugene R. Fidell, President, National Institute of Military Justice -- Eugene R. Fidell "Bruce Ackerman's book is a tour de force. He has brilliantly combined a subtle treatment of the legal issues with a politicallyastute and courageous plan forpreserving our constitutional system in the event of a future cataclysm. The time to thinkabout these issues is now, and this book, which should be required reading for our national leaders, is the place to begin." Eugene R. Fidell, President, National Institute of Military Justice --Eugene R. Fidell" A deep and thorough exploration of how to implement a genuine emergency 'constitution' within the framework of the Constitution.This is a formidable piece of work, interesting and provocative, and it will be an important and influential book." John Ferejohn, Caroline S.G. Munro Professor of Political Science, Stanford University --John Ferejohn" Ackerman teaches us, with characteristic elegance, that deep legal thought matters to the future of democratic government. We all know that we overreact to aggressive attacks, and Ackerman explains how constitutional structures can be the insurance policy we need to level our reactions before and after victims suffer. George P. Fletcher, Cardozo Professor of Jurisprudence, Columbia University --George P. Fletcher" Bruce Ackerman has addressed what may be the biggest issue facing us in reconciling democracy, human rights, and national security in an age of terrorism: how to adjust to the next big attack. His focus on the politics of grave emergencies is essential reading; his recommendations are creative and surprising. Philip Heymann, James Barr Ames Professor of Law, Harvard University and former U.S. Deputy Attorney General --Philip Heymann" "A deep and thorough exploration of how to implement a genuine emergency 'constitution' within the framework of the Constitution. This is a formidable piece of work, interesting and provocative, and it will be an important and influential book."--John Ferejohn, Caroline S.G. Munro Professor of Political Science, Stanford University --John Ferejohn "Ackerman teaches us, with characteristic elegance, that deep legal thought matters to the future of democratic government. We all know that we overreact to aggressive attacks, and Ackerman explains how constitutional structures can be the insurance policy we need to level our reactions before and after victims suffer."--George P. Fletcher, Cardozo Professor of Jurisprudence, Columbia University --George P. Fletcher "Bruce Ackerman has addressed what may be the biggest issue facing us in reconciling democracy, human rights, and national security in an age of terrorism: how to adjust to the next big attack. His focus on the politics of grave emergencies is essential reading; his recommendations are creative and surprising."--Philip Heymann, James Barr Ames Professor of Law, Harvard University and former U.S. Deputy Attorney General --Philip Heymann 0;A deep and thorough exploration of how to implement a genuine emergency ''constitution'' within the framework of the Constitution. This is a formidable piece of work, interesting and provocative, and it will be an important and influential book."2;John Ferejohn, Caroline S.G. Munro Professor of Political Science, Stanford University -- John Ferejohn 0;Ackerman teaches us, with characteristic elegance, that deep legal thought matters to the future of democratic government. We all know that we overreact to aggressive attacks, and Ackerman explains how constitutional structures can be the insurance policy we need to level our reactions before and after victims suffer.1;2;George P. Fletcher, Cardozo Professor of Jurisprudence, Columbia University -- George P. Fletcher 0;Bruce Ackerman has addressed what may be the biggest issue facing us in reconciling democracy, human rights, and national security in an age of terrorism: how to adjust to the next big attack. His focus on the politics of grave emergencies is essential reading; his recommendations are creative and surprising.1;2;Philip Heymann, James Barr Ames Professor of Law, Harvard University and former U.S. Deputy Attorney General -- Philip Heymann