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Review Essay

Civil Rights, Uncivil Wrongs:The War on Terrorism's Toll on the U.S. Constitution

In This Review

Not a Suicide Pact: The Constitution in a Time of National Emergency.

Not a Suicide Pact: The Constitution in a Time of National Emergency.
By Richard A. Posner
Oxford University Press, 2006, 171 pp. $18.95 Purchase

War by Other Means: An Insider's Account of the War on Terror.

War by Other Means: An Insider's Account of the War on Terror.
By John Yoo
Atlantic Monthly Press, 2006, 292 pp. $24.00 Purchase

Guantánamo and the Abuse of Presidential Power.

Guantánamo and the Abuse of Presidential Power.
By Joseph Margulies
Simon & Schuster, 2006, 322 pp. $25.00 Purchase

Much of the already voluminous commentary on the war on terrorism centers on the question of whether it is a war at all. These three books are willing to stipulate, with varying degrees of enthusiasm, that it is. They differ dramatically, however, over what tactics this war allows and, more broadly, what it means for governing within the limits of the U.S. Constitution. Richard Posner, the prolific circuit court judge and University of Chicago law professor, argues that civil liberties must "vary with the threat level" but that much of what the government is authorized to do under the Constitution "it should not do." To one side of Posner is John Yoo, the Berkeley law professor and former member of the Justice Department's Office of Legal Counsel who spearheaded the Bush administration's legal response to the September 11 attacks; Yoo holds that the strongest presidential claims to unilateral authority are

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In This Review

Not a Suicide Pact: The Constitution in a Time of National Emergency.

Not a Suicide Pact: The Constitution in a Time of National Emergency.
By Richard A. Posner
Oxford University Press, 2006, 171 pp. $18.95 Purchase

War by Other Means: An Insider's Account of the War on Terror.

War by Other Means: An Insider's Account of the War on Terror.
By John Yoo
Atlantic Monthly Press, 2006, 292 pp. $24.00 Purchase

Guantánamo and the Abuse of Presidential Power.

Guantánamo and the Abuse of Presidential Power.
By Joseph Margulies
Simon & Schuster, 2006, 322 pp. $25.00 Purchase

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