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Open Government Since 9/11

Since 9/11, a mantle of secrecy has enveloped the executive branch, largely with the acquiescence of Congress and the courts. The administration’s insistence on secrecy has made effective oversight impossible, upsetting the constitutional system of checks and balances at a time when the executive branch is accruing vast new powers. History has demonstrated that periods of national emergency pose the greatest threat to the constitutional order, as judges and legislators abdicate their traditional roles and more easily endorse executive violations of basic rights that would be unimaginable during times of peace. But it is precisely at such moments that the legislature and judiciary must defend their constitutional authority and serve as guardians of democracy, ensuring that the balance between liberty and security is properly struck.

For background, read Chapter 1: “Open Government” in “Imbalance of Powers: How Changes to U.S. Law & Policy Since 9/11 Erode Human Rights and Civil Liberties”



USA PATRIOT II: Background

USA PATRIOT Act

The Freedom of Information Act

The Federal Advisory Committee Act

Whistleblower Protection

LCHR Recommendations on Open Government


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