Abstract

http://ssrn.com/abstract=2183343
 


 



On Madison, Muslims, and the New York City Police Department


Eric Lane


Hofstra University - Maurice A. Deane School of Law

November 30, 2012

Hofstra Law Review, Vol. 40, No. 3, 2012
Hofstra Univ. Legal Studies Research Paper No. 12-28

Abstract:     
In the years before and after the ratification of the United States Constitution, James Madison offered, unsuccessfully, the view that a formal bill of rights would not safeguard individual liberties in the face of excessive federal power or the failure of the system of checks and balances. An examination of New York City Police Department (“NYPD”) treatment of Muslim-Americans in the years following the September 11, 2001 (“9/11”) attacks reveals the wisdom of Madison’s prediction. Since 9/11, the NYPD has espoused the view that the only way to prevent future terrorist attacks is to closely monitor Muslim communities, in case an “unremarkable” Muslim descends into “jihadization.” Such surveillance has serious consequences for the identity and economic and psychological health of the Muslim-American population. However, the author predicts that neither elected officials nor the courts will take steps to curb the NYPD’s surveillance strategy. This article asserts that, as Madison warned, the Bill of Rights will not stop the security of the majority from reigning over the individual liberties of the few.

Number of Pages in PDF File: 28

Keywords: Constitutional Law, Bill of Rights, Separation of Powers, Individual Liberties, New York City Police Department, September 11, 2001 Attacks

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Date posted: November 30, 2012  

Suggested Citation

Lane, Eric, On Madison, Muslims, and the New York City Police Department (November 30, 2012). Hofstra Law Review, Vol. 40, No. 3, 2012; Hofstra Univ. Legal Studies Research Paper No. 12-28. Available at SSRN: http://ssrn.com/abstract=2183343

Contact Information

Eric Lane (Contact Author)
Hofstra University - Maurice A. Deane School of Law ( email )
121 Hofstra University
Hempstead, NY 11549
United States
516-463-5886 (Phone)
516-463-4800 (Fax)
HOME PAGE: http://www.hofstra.edu/academics/law/law_lane.cfm

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