Terrorism and the Constitution: The Post-9/11 Cases
The conjunction of Islamic fundamentalism, WMD, and terrorism has set the stage for a new form of warfare and ushered in a period of national reflection and debate about the proper balance between national security and the rights of the individual. This book contributes to the ongoing national debate by providing easy access to relevant documents from major post-9/11 cases that highlight central constitutional issues raised by the war on terrorism.
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In re Sealed Case
Amici Curiae Briefs and the Governments
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Afghanistan aliens American apply argued attacks Attorney AUMF authority brief Brinkema captured charged citizens civilian claim conflict Congress conspiracy constitutional counsel crimes criminal prosecution D.C. Circuit decision defense detention district court due process Eisentrager enemy combatant evidence Ex parte Quirin EXCERPTS executive branch federal courts filed FISA court FISA orders FISA surveillance foreign intelligence information Fourth Amendment Fourth Circuit GBNB detainees Geneva Convention government's Guantanamo habeas corpus habeas statute Hamdan Hamdi held interrogation investigation issue judicial jurisdiction law enforcement ment military commissions Moussaoui national security offense opinion Padilla petition petitioners President Bush President's prisoners procedures protect Qaeda question Quirin Rasul rule Scalia separation of powers September 11 significant purpose Sixth Amendment statutory substitutions Supreme Court Taliban territory terrorism terrorist tion trial tribunal UCMJ United unlawful combatants unlawful enemy combatants USA PATRIOT Act Usama bin Laden violation wartime witnesses writ of habeas