"The Twilight of Democracy" by Jennifer Van Bergen


Contents

Acknowledgements  iv
Note on Sources   vi

BOOK I:
DECIPHERING THE DEMOCRATIC CODE

Preface   1
	Tertium Quid


Introduction      5
	Crossing the Rubicon: The End of the American Era?


1. Down the Road to Fascism     8
	Fascism & Empire
	The National Security State, the PATRIOT Act, and Parallel
Legal Systems
	Faith, Terrorism, and the Rule of Law
	Principles of Democracy


2. The Law is King    20
	The Constitution of the United States
	Statutes and Regulations
	Case Law or Common Law
	Treaties and Customary International Law


3. Our Individual Rights    30
	Balancing Tests
	Due Process
	First Amendment Freedoms
	The Fourth Amendment
	The Sixth Amendment Right to Counsel


4. The Constitutional Code   43
	Separation of Powers
	Judicial Review
	Court Stripping
	Probable Cause


5. Types of Courts & Standards of Review   52
	Civil Courts
	The FISA Court
	Immigration Court
	Military Courts & Military Tribunals


BOOK II:
THE BUSH PLAN

6. The Demise of Democracy: Fascism in America   66
Part One: Is America Becoming Fascist?
	Britt's List

Part Two: The Bush Plan
	The PATRIOT Act
	Guantanamo, Enemy Combatants, & Abu Ghraib
	Iraq: Preemptive War & International Law
	Withdrawal from the International Criminal Court
	"Free Trade" and Corporate Dominance
	Prosecutions & Proceedings
		The Prosecution of Greenpeace
		The Prosecution of Lynne Stewart
		Grand Juries & Actions Against Activists
	MATRIX
	Environmental Laws
	The 2000 Election
	Secrecy
	Enron & the Cheney Energy Task Force
	September 11th
	Doublespeak
	Summary


7. The PATRIOT Act---   110
	The Mainstay of Oppressive Power
	on the Homefront
		The Threats to Civil Liberties
			The Threats to Due Process
				Indefinite Detentions
				Designation
			The Threat to Freedom of Association
			The Fourth Amendment Threat: Surveillance
			& Privacy


8. Ashcroft's Way:   121
	A Closer Look at the PATRIOT Act
I. The PATRIOT Act allows investigators to use the tools that
were already available to investigate organized crime and
drug trafficking.
			(a) Surveillance for More Crimes of Terror
			(b) Roving Wiretaps
			(c) Sneak & Peek (Delayed Notice)
			(d) Third-Party Records
II. Information sharing


9. The Cheney Plan for Global Dominance   147


10. Global Dominance in Action:   153
	Military Necessity or War Crimes---
	Violating the Geneva and Hague Conventions
		The Geneva & Hague Conventions
		The War Crimes Act of 1996
		Military Necessity
		The Truth About Bush's Wars

11. Conclusion    162

Appendix    166
	The Bill of Rights

Notes    170

	About the Author    198