The Costs of Homeland Security

Radical History Review

Volumn 2005, Issue 93, 2005, Pages 53-78

  Saito, Natsu Taylor ^a  

^a NONE

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EID: 85045010793     PISSN: 01636545     EISSN: 15341453     Source Type: Journal    
DOI: 10.1215/01636545-2005-93-53     Document Type: Note

References (77)

1. See “Fight Hate and Promote Tolerance,” Hate in the News: Violence against Arab and Muslim Americans, www.tolerance.org/news/article _hate.jspid412 (accessed January 15, 2004); Stephen Lee, “U.S. Intervention in the Middle East, the ‘War on Terror,’ and Domestic Hate Crimes: An Amerasia Journal Chronology,” Amerasia Journal 27–28 (2001/2002): 295, 311–16. Kimberly Lowe’s story is listed with Oklahoma hate crimes.
2. See Nancy Chang, Silencing Political Dissent: How Post–September 11 Anti-terrorism Measures Threaten Our Civil Liberties (New York: Seven Stories, 2002); David Cole, Enemy Aliens: Double Standards and Constitutional Freedoms in the War on Terrorism (New York: New Press, 2003).
3. The National Security Strategy of the United States of America (Falls Village, CT: Winterhouse, 2002). For additional articulations of the good-versus-evil philosophy, see the collection of post–September 11 speeches by George W. Bush in We Will Prevail (New York: Continuum, 2003).
4. Marbury v. Madison, 5 U.S. (1 Cranch) 137, 163 (1803). The distinction was perhaps best described by Ernst Fraenkel in The Dual State, written in 1940, describing the transition in the German government from a normative state, “endowed with elaborate powers for safeguarding the legal order,” to a prerogative state, defined as a “governmental system which exercises unlimited arbitrariness and violence unchecked by any legal guarantees.” See Michael Stolleis, The Law under the Swastika: Studies on Legal History in Nazi Germany (Chicago: University of Chicago Press, 1998), 8, 193 n. 3. For a more general discussion, see Berta Esperanza Hernandez-Truyol, “The Rule of Law and Human Rights,” Florida Journal of International Law 16 (2004): 167.
5. See Farah Brelvi, “Un-American Activities: Racial Profiling and the Backlash after Sept. 11,” Federal Law 48 (2001): 68.
6. See Natsu Taylor Saito, “Will Force Trump Law after September 11? American Jurisprudence Confronts the Rule of Law,” Georgetown Immigration Law Journal 17 (2002): 1, 6–10, 27–28.
7. See David Cole, “The Priority of Morality: The Emergency Constitution’s Blind Spot,” Yale Law Journal 113 (2004): 1753; see also David Firestone and Christopher Drew, “A Nation Challenged: The Cases; Al Qaeda Link Seen in Only a Handful of 1,200 Detainees,” New York Times, November 29, 2001; Chang, Silencing Political Dissent, 69–87.
8. Letter from Rabih Haddad to Mr. Thayer, a member of the Chicago Coalition against War and Racism, January 27, 2002. See also Detroit Free Press v. Ashcroft, 195 F. Supp.2d 937 (E.D. Mich. 2002), holding that Haddad’s hearing should be open to the press. On conditions generally see Reuters, “Group Reports Mistreatment of Detainees,” New York Times, March 15, 2002; Chisun Lee, “A Prison Where Detainees Disappear: Black Hole in Brooklyn,” Village Voice, July 2, 2002.
9. Matthew Brzezinski, “Hady Hassan Omar’s Detention,” New York Times Magazine, October 27, 2002.
10. See David Cole, “Enemy Aliens,” Stanford Law Review 54 (2002): 953, 975; Dan Eggen and Cheryl W. Thompson, “U.S. Seeks Thousands of Fugitive Deportees: Middle Eastern Men Are Focus of Search,” Washington Post, 8 January 2002; Robert S. White, “New Post–9/11 Registration Procedure for Foreign Workers, Students, and Visitors,” Illinois Bar Journal 91 (2003): 253.
11. On the Guantánamo detainees, see Michael Ratner and Ellen Ray, Guantánamo: What the World Should Know (White River Junction, VT: Chelsea Green, 2004).
12. Eric Lichtblau, “U.S. to Free ‘Enemy Combatant,’ Bowing to Supreme Court Ruling,” New York Times, September 23, 2004. Contrary to the headline, the Supreme Court did not mandate his release, only that he be given a hearing. See Hamdi v. Rumsfeld, U.S., 124 S. Ct. 2633 (2004). For background, see Melysa H. Sperber, “John Walker Lindh and Yaser Esam Hamdi: Closing the Loophole in International Humanitarian Law for American National Captured Abroad While Fighting with Enemy Forces,” American Criminal Law Review 40 (2003): 159; Alejandra Rodriguez, “Is the War on Terrorism Compromising Civil Liberties? A Discussion of Hamdi and Padilla,” California Western Law Review 39 (2002): 379.
13. See Rodriguez, “Is the War Terrorism Compromising Civil Liberties?”; Samantha A. PittsKiefer, “Jose Padilla: Enemy Combatant or Common Criminal?” Villanova Law Review 48 (2001): 875; Rumsfeld v. Padilla, 124 S. Ct. 2711 (2004) (holding that the case was brought in the wrong jurisdiction).
14. For good general histories of the internment, see Michi Nishiura Weglyn, Years of Infamy: The Untold Story of America’s Concentration Camps (New York: Morrow, 1976); and Roger Daniels, Concentration Camps USA: Japanese Americans and World War II (New York: Holt, Rinehart and Winston, 1972). My family’s story can be found in Klancy Clark de Nevers, The Colonel and the Pacifist: Karl Bendetsen, Perry Saito, and the Incarceration of Japanese Americans during World War II (Salt Lake City: University of Utah Press, 2004).
15. See U.S. Congress, Commission on Wartime Relocation and Internment of Civilians (CWRIC), Personal Justice Denied: Report of the Commission on Wartime Relocation and Internment of Civilians (Seattle: University of Washington Press, 1982), 54–55.
16. See Peter Irons, Justice at War: The Story of the Japanese American Internment Cases (New York: Oxford University Press, 1983), 63.
17. Colonel Karl Bendetsen (aka Bendetson), the primary architect of the internment, informed a Maryknoll priest in charge of an orphanage that all children who “have one drop of Japanese blood in them” were to be sent to the camps. Weglyn, Years of Infamy, 76–77.
18. See generally Jack G. Shaheen, Reel Bad Arabs: How Hollywood Vilifies a People (New York: Olive Branch, 2001); on the parallels between the racing of Asian and Arab Americans, see Natsu Taylor Saito, “Symbolism under Siege: Japanese American Redress and the ‘Racing’ of Arab Americans as ‘Terrorists,’ ” Asian Law Journal 8 (2001): 8.
19. See Frank James, “FBI Hits Wall in Anthrax Investigation: Suspect Profi le Is Only Clue Agency Has after Two Years,” Chicago Tribune, March 2, 2004; “Profi le: Pat Clawson Defends Steven Hatfill Who Is Being Investigated by the FBI as a Possible Suspect in Anthrax Mailings,” NBC News Today, August 15, 2002.
20. On McVeigh, see, generally, Stephen Jones and Jennifer Gideon, “United States v. McVeigh: Defending the ‘Most Hated Man in America,’ ” Oklahoma Law Review 51 (1998): 617; on the repressive measures enacted in 1996, see David Cole and James X. Dempsey, Terrorism and the Constitution: Sacrificing Civil Liberties in the Name of National Security, 2nd ed. (New York: New Press, 2002).
21. William H. Rehnquist, All the Laws but One: Civil Liberties in Wartime (New York: Knopf, 1998).
22. U.S.C. sec. 1989 et seq. The act is reproduced in Leslie T. Hatamiya, Righting a Wrong: Japanese Americans and the Passage of the Civil Liberties Act of 1988 (Stanford, CA: Stanford University Press, 1993), 206–22.
23. For an excellent analysis of the Supreme Court opinions in the challenges brought by Gordon Hirabayashi, Minoru Yasui, Fred Korematsu, and Mitsuye Endo, see Eugene V. Rostow, “The Japanese American Cases—A Disaster,” Yale Law Journal 54 (1945): 489. On the cases, brought in the mid-1980s, in which lower federal courts vacated the convictions of Hirabayashi and Korematsu but did not change the precedent set by the Supreme Court, see Peter Irons, ed., Justice Delayed: The Record of the Japanese American Internment Cases (Middletown, CT: Wesleyan University Press, 1989).
24. I discuss these developments in more detail in Natsu Taylor Saito, “For ‘Our’ Security: Who Is an ‘American’ and What Is Protected by Enhanced Law Enforcement and Intelligence Powers?” Seattle Journal for Social Justice 2 (2003): 23, 40–57; Saito, “Whose Liberty? Whose Security? The USA PATRIOT Act in the Context of COINTELPRO and the Unlawful Repression of Political Dissent,” Oregon Law Review 81 (2002): 1051, 1078– 111.
25. See Ronald Takaki, Strangers from a Different Shore: A History of Asian Americans (New York: Little, Brown, 1989); Sucheng Chan, Asian Americans: An Interpretive History (Farmington Hills, MI: Twayne, 1991). On the alien land laws, see Keith Aoki, “No Right to Own? The Early Twentieth-Century ‘Alien Land Laws’ as a Prelude to Internment,” Boston College Law Review 40/Boston College Third World Law Journal 19 (1998): 37.
26. See, generally, Roger Daniels, The Politics of Prejudice: The Anti-Japanese Movement in California and the Struggle for Japanese Exclusion (New York: Atheneum, 1968); on Warren, see Sumi Cho, “Redeeming Whiteness in the Shadow of Internment: Earl Warren, Brown, and a Theory of Racial Redemption,” Boston College Law Review 40/Boston College Third World Law Journal 19 (1998): 73.
27. For background on Mexican immigration issues, see Joseph Nevins, Operation Gatekeeper: The Rise of the “Illegal Alien” and the Making of the U.S.-Mexico Boundary (New York: Routledge, 2002).
28. On the genocidal policies undergirding the settling of the continent and on the fact that the United States, even by its own laws, lacks legal title to much of the territory, see Ward Churchill, A Little Matter of Genocide: Holocaust and Denial in the Americas, 1492 to the Present (San Francisco: City Lights, 1997); and Ward Churchill, “Charades, Anyone? The Indian Claims Commission in Context,” in Perversions of Justice: Indigenous Peoples and Angloamerican Law (San Francisco: City Lights, 2003), 125–52.
29. See Ian F. Haney Lopez, White by Law: The Legal Construction of Race (New York: New York University Press, 1996).
30. United States v. Bhagat Singh Thind, 261 U.S. 204, 213 (1923).
31. Dred Scott v. Sanford, 60 U.S. (19 How.) 393 (1857). See Don E. Fehrenbacher, The Dred Scott Case: Its Significance in American Law and Politics (New York: Oxford University Press, 1981); and A. Leon Higginbotham Jr., Shades of Freedom: Racial Politics and Presumptions of the American Legal Process (New York: Oxford University Press, 1996).
32. In Elk v. Wilkins, 112 U.S. 94 (1884), the Supreme Court held that American Indians were not U.S. citizens by virtue of birth in the territory. Those who accepted land under the Allotment Act of 1887 were generally required to also accept citizenship, while the remainder were deemed citizens under the Citizenship Act of 1924. See Blue Clark, “Lone Wolf v. Hitchcock”: Treaty Rights and Indian Law at the End of the Nineteenth Century (Lincoln: University of Nebraska Press, 1994).
33. A literacy test was imposed by the Immigration Act of 1917, national origins quotas by the Immigration Act of 1924. See Bill Ong Hing, Defining America through Immigration Policy (Philadelphia: Temple University Press, 2004), 51–70.
34. It postulated that “Anglo-Saxons are endowed as a race with innate superiority, that Protestant Christianity holds the keys to Heaven, that only republican forms of political organization are free, that the future—even the predestined future—can be hurried along by human hands, and that the means of hurrying it, if the end be good, need not be inquired into too closely.” Frederick Merk, Manifest Destiny and Mission in American History: A Reinterpretation (New York: Knopf, 1963) 32–33; see also Reginald Horsman, Race and Manifest Destiny: The Origins of American Racial Anglo-Saxonism (Cambridge, MA: Harvard University Press, 1981).
35. See Ward Churchill, Struggle for the Land: Native North American Resistance to Genocide, Ecocide, and Colonization (San Francisco: City Lights, 1999); also see his A Little Matter of Genocide.
36. See Howard Zinn, A People’s History of the United States (New York: HarperColophon, 1980), 206–89; Robert Justin Goldstein, Political Repression in Modern America: From 1870 to 1976, 2nd ed. (Urbana: University of Illinois Press, 2001), 3–101.
37. Richard O. Curry, introduction to Freedom at Risk: Secrecy, Censorship, and Repression in the 1980s, ed. Curry (Philadelphia: Temple University Press, 1988), 5; Chang, Silencing Political Dissent, 22.
38. See Michael Kent Curtis, “The Crisis over the Impending Crisis: Free Speech, Slavery, and the Fourteenth Amendment,” in Slavery and the Law, ed. Paul Finkelman (Lanham, MD: Rowman and Littlefield, 1997), 160–205.
39. See Stuart Creighton Miller, “Benevolent Assimilation”: The American Conquest of the Philippines, 1899–1903 (New Haven, CT: Yale University Press, 1982), 77, 156–66; see also Daniel B. Schirmer and Stephen Rosskamm Shalom, eds., The Philippines Reader: A History of Colonialism, Neocolonialism, Dictatorship, and Resistance (Boston: South End, 1987), 5–33.
40. Quoted in Ramsey Clark, “Introduction: Notes on War and Freedom,” in Freedom under Fire: U.S. Civil Liberties in Times of War, ed. Michael Linfield (Boston: South End, 1990), xvii; see also Debs v. United States, 249 U.S. 211, 214 (1919).
41. See Ward Churchill and Jim Vander Wall, Agents of Repression: The FBI’s Secret Wars against the Black Panther Party and the American Indian Movement, 2nd ed. (Cambridge: South End, 2002); Ward Churchill and Jim Vander Wall, The COINTELPRO Papers: Documents from the FBI’s Secret War against Dissent in the United States, 2nd ed. (Cambridge: South End, 2002); Saito, “Whose Liberty?” 1078–104.
42. U.S. Senate, Select Committee to Study Government Operations with Respect to Intelligence Activities, Final Report: Intelligence Activities and the Rights of Americans, 94th Cong., 2d sess., 1976, S. Rep. 755, 8.
43. USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism) of 2001, October 26, 2001; see John W. Whitehead and Steven H. Aden, “Forfeiting ‘Enduring Freedom’ for ‘Homeland Security’: A Constitutional Analysis of the USA PATRIOT Act and the Justice Department’s Anti-Terrorism Initiatives,” American University Law Review 51 (2002): 1081.
44. The proposed Domestic Security Enhancement Act of 2003, leaked to the press in February 2003, is available with Justice Department comments at www.publicintegrity.org/ dtaweb/downloads/Story_01_020703_Doc_1.pdf. Section 501 includes the citizenshipstripping proposal. (This site no longer active.)
45. On the demography, see California State University at Fullerton Web site, www.fullerton.edu/cdr/cities/Orange%20County.pdf (accessed August 20, 2004).
46. See David J. Weber, ed., Foreigners in Their Native Land (Albuquerque: University of New Mexico Press, 1973), 163–64; Juan F. Perea, “A Brief History of Race and the U.S.Mexican Border: Tracing the Trajectories of Conquest,” UCLA Law Review 51 (2003): 283, 294; Richard Griswold del Castillo, “Manifest Destiny: The Mexican-American War and the Treaty of Guadalupe Hidalgo,” Southwestern Journal of Law and Trade in the Americas 5 (1998): 31. See also Rodolfo F. Acuña, Occupied America: A History of Chicanos, 3rd ed. (New York: HarperCollins, 1988).
47. Juan F. Perea et al., eds., Race and Races: Cases and Resources for a Diverse America (St. Paul, MN: West Group, 2000), 289–90; see also Malcolm Ebright, Land Grants and Lawsuits in Northern New Mexico (Albuquerque: University of New Mexico Press, 1994).
48. Quoted in Acuña, Occupied America, 113–14. See also Horsman, Race and Manifest Destiny, 208–48.
49. David J. Weber, The Spanish Frontier in North America (New Haven, CT: Yale University Press, 1992), 236–70, quote at 261.
50. David J. Weber, The Spanish Frontier in North America (New Haven, CT: Yale University Press, 1992), 261–65.
51. Ward Churchill, “ ‘Nits Make Lice’: The Extermination of North American Indians, 1607– 1996,” in Churchill, A Little Matter of Genocide, 129, 187–88; see also Lynwood Carranco and Estle Beard, Genocide and Vendetta: The Round Valley Wars of Northern California (Norman: University of Oklahoma Press, 1981).
52. Churchill, “Nits Make Lice,” 229; see also Robert Jay Lifton, The Nazi Doctors: Medical Killing and the Psychology of Genocide (New York: Basic Books, 1986), 477.
53. David E. Stannard, American Holocaust: Columbus and the Conquest of the New World (New York: Oxford University Press, 1992), 134–46.
54. See Florence Connolly Shipeck, Pushed into the Rocks: Southern California Indian Land Tenure, 1769–1986 (Lincoln: University of Nebraska Press, 1988); Alberto L. Hurtado, Indian Survival on the California Frontier (New Haven, CT: Yale University Press, 1988).
55. See, generally, Ward Churchill, “Stolen Kingdom: The Right of Hawai‘i to Decolonization,” in Churchill, Perversions of Justice, 73–123; Ward Churchill and Sharon H. Venne, eds., Islands in Captivity: The Record of the International Tribunal of the Rights of Indigenous Hawaiians (Cambridge: South End, 2004).
56. See Arnold H. Leibowitz, Defining Status: A Comprehensive Analysis of United States Territorial Relations (The Hague: Martinus Nijhoff, 1989); Christina Duffy Burnett and Burke Marshall, eds., Foreign in a Domestic Sense: Puerto Rico, American Expansion, and the Constitution (Durham, NC: Duke University Press, 2001).
57. See Noam Chomsky, Hegemony or Survival: America’s Quest for Global Dominance (New York: Henry Holt, 2003); for a history of such U.S. military actions and violations of international law, see Ward Churchill, On the Justice of Roosting Chickens: Refl ections on the Consequences of U.S. Imperial Arrogance and Criminality (San Francisco: AK Press, 2003).
58. See David Ivanovitch, “Pentagon May Divide Halliburton Contract: The $7.5 Billion Assignment May Be Sliced into Six Smaller, More Manageable Pieces,” Grand Rapids Press, September 9, 2004; Sheila O’Flanagan, “Iraq War Turns Handsome Profit for Halliburton,” Irish Times, July 2, 2004; Jackie Spinner and Mary Pat Flaherty, “Halliburton Reports $85 Million Profit from Iraq Operations,” Washington Post, March 9, 2004.
59. Edward N. Wolff, Top Heavy: A Study of the Increasing Inequality of Wealth in America (New York: New Press, 1996), 7; Arlie Russell Hochschild, “A Generation without Public Passion,” Atlantic Monthly, February 2001: 62–63. The article cites a 30 percent consumption rate and also notes that the U.S. produces 25 percent of the world’s pollution. See also the 2000 Statistical Abstract of the United States, “Energy Consumption and Production by Country, 1990 and 1998,” table 1390, www.census.gov/prod/2001pubs/ statab/sec30.pdf (accessed November 11, 2003). (Note that in 1998 the United States accounted for approximately 25 percent of the world’s energy consumption.)
60. See Agence France Presse, “Iraq Invasion a ‘Major Blunder’ in Fight against Al-Qaeda: Expert,” September 8, 2004; Douglas Jehl, “U.S. Qaeda Detainee Disowned Claims about Iraq,” International Herald Tribune, August 2, 2004. For current ties, see, for example, Salah Nasrawi, “Al-Qaida–Linked Group Gives Italy Fifteen Days to Withdraw from Iraq,” Canadian Press, August 1, 2004; “Iraq Is Now a Battle Ground for al Quaida,” Birmingham Post (UK), July 30, 2004.
61. Dina Bunis, “Dinh to Leave Attorney General’s Office to Return to Academia: Fullerton High Graduate Is Top Vietnamese-American in Field of Law,” Orange County Register, May 15, 2003.
62. Mike Anton and Christine Hanley, “Making a Federal Case of an O.C. Pipe Bomb: Legal Experts Say the PATRIOT Act Charges against Two Brothers after a Blast inside a Car Reflect a Kind of Legal Vigilance since Sept. 11,” Los Angeles Times, June 19, 2003; see also Christine Hanley, “Brothers Indicted on New Pipe-Bombing Charges,” Los Angeles Times, July 3, 2003. The PATRIOT Act has been used in a number of other cases not related to terrorism. See Eric Lichtblau, “U.S. PATRIOT Act Being Used in Many Nonterrorism Cases,” International Herald Tribune, September 29, 2003; Eric Lichtblau, “PATRIOT Act Being Used in an Array of Crimes,” Milwaukee Journal Sentinel, September 28, 2003.
63. See, for example, “Knock at the Door: FBI Agents Have Been Targeting Protesters for a Little Visit,” Akron Beacon Journal, August 24, 2004; Eric Lichtblau, “Message Sent to Political Protesters: ‘We’re Watching You,’ ” Grand Rapids Press, August 22, 2004; Peter Shinkle and Karen Branch-Brioso, “Surveillance by FBI Intimidates Protesters,” St. Louis Post-Dispatch, August 19, 2004; “Feds’ ‘No-Fly’ System Needs an Upgrade,” Boston Herald, September 25, 2004; Agence France Presse, “US Moves toward Giant Airline Passenger Screening System,” September 22, 2004.
64. According to a recent UN report, “We the Children: Meeting the Promises of the World Summit for Children,” one of every twelve children will die before age five, almost all from preventable causes. United Nations, press release, April 18, 2002.
65. See Bernard Neitschmann, “The Fourth World: Nations versus States,” in Reordering the World: Geopolitical Perspectives on the Twenty-First Century, eds. George J. Demko and William B. Wood (Boulder, CO: Westview, 1994), 225–42 (noting that less than two hundred international states occupy, suppress, and exploit more than fi ve thousand nations and peoples and that, since World War II, state-nation conflicts have produced the most numerous and longest wars, as well as the greatest number of civilian casualties and refugees).
66. See Daniel Nettle and Suzanne Romaine, Vanishing Voices: The Extinction of the World’s Languages (New York: Oxford University Press, 2000), 40 (noting that 12 percent of the world’s languages have less than 150 speakers); Joby Warrick, “Mass Extinction Underway, Majority of Biologists Say,” Washington Post, April 21, 1998 (noting that at least one in eight plant species is threatened with extinction, and that nearly all biologists polled attributed the losses to human activity); The Turning Point Project, “Extinction Crisis,” www.turnpoint.org/extinction.pdf (noting that species are dying at ten thousand times their natural extinction rate) (accessed February 11, 2003; site is no longer active).
67. See Alternative Energy Institute, “Effects of the Current and Future Population on …,” available at www.altenergy.org/2/population/effects/effects.html (noting that desertification is claiming 29 percent of the earth’s landmass) (accessed March 28, 2003; this site is no longer active); Ward Churchill, “Geographies of Sacrifice: The Radioactive Colonization of Native North America,” in Churchill, Struggle for the Land, 239–91 (describing federal plans to turn American Indian lands contaminated by uranium mining into “National Sacrifice Areas”).
68. The richest 1 percent of the world’s population receives as much income as the poorest 57 percent and, according to a recent United Nations annual human development report, fifty-four countries are now poorer than they were a decade ago. Overall human development, as measured by an amalgam of income, life expectancy, and literacy, also fell in twenty-one countries during the 1990s. Larry Elliott, “The Lost Decade,” Guardian (UK), July 9, 2003, citing the United Nations annual human development report.
69. See “Statistics on Adult Literacy,” Orange County Register, September 22, 2002 (also noting that the United States holds forty-ninth place in world literacy), available on Westlaw at 2002 WL 5460682; U.S. Newswire, “Report: State Spending on Prison Grows at Six Times Rate of Higher Ed,” August 22, 2002, available on Westlaw at 2002 WL 22070708; Krieger, “Economic Justice”; “System Overload: Pondering the Ethics of America’s Health Care System,” Issues in Ethics 3 (1990) (noting that the United States is “unique among the industrialized democracies” in retaining a “free market” health system), www.scu.edu/Ethics/publicaitons/iie/v3n3/system.html.
70. Paul Shepard, Associated Press, “ ‘State of Cities’ Study Released,” June 19, 1998 (quoting Andrew Cuomo, U.S. secretary of housing and urban development); see also Haider Rizvi, Inter Press Service, “Hungry in a Wealthy Nation,” March 26, 2003, quoting Anurandha Mittal of the Institute for Food and Development Policy and noting also that the United States spends only $16 billion per year on welfare. The Census Bureau reported 32.9 million Americans in poverty in 2001, 13.4 million with incomes less than half the official poverty level. See Robert Pear, “Number of People Living in Poverty Increases in US,” New York Times, September 25, 2002.
71. “Anger Grows as U.S. Jail Population,” BBC News, February 15, 2000; U.S. Department of Justice, “Defense Counsel in Criminal Cases,” special report, November 2000, NCJ 179023; Southern Center for Human Rights, Promises to Keep (Atlanta: Southern Center for Human Rights, 2002).
72. See Ward Churchill, “Introduction: The Third World at Home,” in Cages of Steel: The Politics of Imprisonment in the United States, ed. Churchill and J. J. Vander Wall (Washington, DC: Maisonneuve, 1992), 12; Marc Mauer, Race to Incarcerate (New York: New Press, 1999), 121; see also Michael A. Fletcher, “ ‘Crisis’ of Black Males Gets HighProfile Look: Rights Panel Probes Crime, Joblessness, Other Ills,” Washington Post, April 17, 1999; David Cole, No Equal Justice: Race and Class in the American Criminal Justice System (New York: New Press, 1999); Jerome G. Miller, Search and Destroy: African American Males in the Criminal Justice System (Cambridge: Cambridge University Press, 1996).
73. On Latinos, see Mary Romero, “State Violence and the Social and Legal Construction of Latino Criminality: From El Bandido to Gang Member,” Denver University Law Review 78 (2001): 1081. On American Indians, see Rennard Strickland, “ ‘You Can’t Rollerskate in a Buffalo Herd Even If You Have All the Medicine’: American Indian Law and Policy,” in Tonto’s Revenge: Reflections on American Indian Culture and Policy (Albuquerque: University of New Mexico Press, 1997), 53; Ward Churchill, “Unraveling the Codes of Oppression,” in Fantasies of the Master Race: Literature, Cinema, and the Colonization of American Indians, 2nd ed. (San Francisco: City Lights, 1998), xiv–xix.
74. The National Security Strategy of the United States of America.
75. More than 350 local governments, including New York City, as well as the states of Alaska, Hawai `i, Maine, and Vermont, have approved so-called Anti-PATRIOT Acts. See Susan Elan, “Legislators Vote against PATRIOT Act,” Journal News (White Plains, NY), September 15, 2004; Alphonso A. Castillo, “Town Board Vote: Civil Rights as a Local Issue,” Newsday, September 19, 2004. In January 2004 a federal judge in Los Angeles struck down the PATRIOT Act’s prohibition on “providing expert advice or assistance” to terrorist organizations as unconstitutionally vague. See Alan Bock, “Question the PATRIOT Act Series,” Orange County Register, January 28, 2004. On April 6, 2004, the American Civil Liberties Union filed a lawsuit challenging a provision of the PATRIOT Act, but could only make a redacted version of its suit public, and then after intense negotiations with the Justice Department. See Alan Bock, “ ‘Patriot’ Games? Mend It or End It? A Better Question Is Why Bush Wants to Make the PATRIOT Act an Election Issue,” Orange County Register, May 9, 2004.
76. Downes v. Bidwell, 182 U.S. 244, 280 (1901); see also Efren Rivera Ramos, “The Legal Construction of American Colonialism: The Insular Cases (1901–1922),” Revista Juridica Universidad de Puerto Rico 65 (1996): 225, 246–47.
77. Douglas V. Porpora, How Holocausts Happen: The United States in Central America (Philadelphia: Temple University Press, 1990), 185–86.