Executive Power Overreach

Throughout his career, Michael Tigar has criticized the growth of power of the Executive branch and the military, arguing that it violates the separation of powers and leads to the suppression of individual liberties. Much of the same logic that guided his legal challenge to wiretapping in the 1971 case of “United States v. Smith” can be seen in his twenty-first century critique of the “national security state” and his concern about the potential for narratives surrounding “terrorism” to override civil liberties.

Included in this section are several essays and book reviews elucidating these through-lines, including “The Twilight of Personal Liberty”, his introductory essay to a special edition of the Monthly Review, which connects the Patriot Act to laws passed throughout American history under the guise of national security. Other materials included here relate to Tigar’s defenses of human rights lawyer Lynne Stewart and Major Debra Meeks.

19 archive items found.

Preview Type Title Year
Cases Brief for Petitioners, Gelbard v. United States

1972
Oral History National Security

2016
Oral History Conspiracy & the War on Terror

2016
Cases 1971 Pleading From Smith Case

1971
Images MET Objecting During Scott McClellan’s Appearance Before House Judiciary Committee

2008
Correspondence Letter from Judge Reavley, About Thinking About Terrorism

2007
Newspaper Articles Article About Jury Trial Result in Stewart Case

2005
Newspaper Articles New York Times Coverage of Major Debra Meeks Trial

1996
Magazine Articles CNN Coverage of Major Debra Meeks Trial

1996
Magazine Articles Texas Lawyer Coverage of Major Debra Meeks Trial

1996
Newspaper Articles San Antonio Express Article About Major Debra Meeks Trial

1996
Books Thinking About Terrorism: The Threat to Civil Liberties in Times of National Emergency

2011
Journal Articles The National Security State— The End of Separation of Powers

2014
Essays A System of Wholesale Denial of Rights

2007
Essays The Twilight of Personal Liberty: Introduction to ‘A Permanent State of Emergency’

2006
Journal Articles The Reichstag Fire Trial, 1933 – 2008: The Production of Law and History (with John Mage)

2008
Book Review Whose Rights? What Danger?

1985
Lectures What the Constitution Means by Executive Power

1988
Radio Scripts The Americans Have A Word For It

1962