By Owen Fiss
Owen Fiss has been a number one felony pupil for over 30 years, but ahead of 2001 it's going to have appeared not likely for him to write down approximately nationwide protection and the legislation of struggle; his concentration was once civil method and equivalent security. yet, whilst the battle on Terror started to shroud felony complaints in secrecy, he realised that the bulwarks of technique that protect the person from the outstanding strength of the country have been dissolving. A battle Like No different should be an important highbrow beginning for all excited by constitutional rights and the legislations in a brand new age.
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Additional info for A War Like No Other: The Constitution in a Time of Terror
There could be no particularized inquiry by a judge into the national security justification for closure in a specific case. Much like the Mobbs affidavit in Hamdi or the transfer of prisoners to Guantánamo, the attorney general’s designation brought the reason of the law to an end. The tide may yet turn—let’s hope so. 30 Moreover, although it remained to be seen what the capture of Saddam Hussein and the occupation of Iraq would bring, it is noteworthy that the administration had not yet moved the Iraqi prisoners it had captured to Guantánamo or chosen to designate them en masse as unlawful combatants.
The Court rendered three decisions. ” This principle denies the United States the authority to imprison anyone unless that person is charged with a crime and swiftly brought to trial. This principle is rooted in section 9 of Article I, guaranteeing the writ of habeas corpus—the historic means of testing the legality of detention—and, perhaps even more fundamentally, in the Fifth Amendment guarantee that no person shall be deprived of liberty without due process of law. More recently, the principle has been adjusted to allow the United States to detain persons who might serve as material witnesses in a criminal prosecution or before a grand jury but who are likely to flee the jurisdiction.
In a footnote (note 15 of the opinion) he lists five allegations that, if true, would render the detention of the prisoners before him, as he put it, “unquestionably” unconstitutional or otherwise a violation of the laws or treaties of the United States: (1) the prisoners were not enemy combatants; (2) they were imprisoned for more than two years; (3) they were held in a territory subject to the long-term, exclusive jurisdiction of the United States; (4) they had no access to counsel; and (5) they were not charged with a crime.
A War Like No Other: The Constitution in a Time of Terror by Owen Fiss