By Marc Rotenberg A Constitutional democracy that seeks to monitor the private lives of its citizens must do so in the most minimally intrusive manner, ensure that its conduct is lawful and permissible, subject to public oversight and transparent, and also that it is effective. Implicit in the willingness of citizens to permit some degree… Continue reading From 9-11 to January 6: The Limits of Surveillance Authority and the Democratic State
Category: The Constitution
Taking Congress and the Capitol Seriously as National Security Institutions
By Dakota S. Rudesill Responsibility for the seditious violent attack on the United States Congress of Jan. 6, 2021, rests with serious afflictions within our civic culture, with a series of costly errors regarding the security of the Capitol, and with then-President Donald Trump’s mendacious inspiration, assembly, and direction of a massive, frenzied, armed mob… Continue reading Taking Congress and the Capitol Seriously as National Security Institutions
The January 6, 2021, Capitol Riots: Resisting Calls for More Terrorism Laws
By Sudha Setty On January 6, 2021, a group overwhelmingly comprised of white supporters of President Trump engaged in extraordinary violence against people and property at the U.S. Capitol. In the weeks since those attacks, many terms have been deployed by politicians, the media, legal commentators, and legal academics to describe the events: riots, insurrection,… Continue reading The January 6, 2021, Capitol Riots: Resisting Calls for More Terrorism Laws