Terrorism and the Constitution: The Post-9/11 Cases / Edition 1

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Overview

This book contributes to the ongoing national debate on civil liberties during the war on terrorism by providing easy access to relevant documents from major post-9/11 cases. The author's goal is to give readers an opportunity to consider two fundamental questions and explore other issues related to them. First, is the war on terrorism a type of war that requires a shift in the balance between national security and individual rights? Second, following the 9/11 attacks, are the three branches of the federal government functioning properly? The specific issues raised in these post-9/11 cases are the basis for evaluating the proper balance between national security and individual rights during the war on terrorism and the respective roles of the three branches of the federal government.

About the Author:
H. L. Pohlman is the A. Lee Fritschler Professor of Public Policy at Dickinson College

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Editorial Reviews

Richard A. Posner
Pohlman has done something very useful: provided a carefully edited selection of briefs, argument transcripts, and other materials bearing on the major terrorism cases that have been decided since the September 11, 2001, terrorist attacks. These materials provide essential background to understanding a series of cases that deal with fundamental issues of civil liberties and national security.
Mark Tushnet
H.L. Pohlman's careful selection and editing of materials makes it possible for readers to understand the complex legal issues arising out of the war on terrorism, and, even more important, to evaluate the legal arguments and come to their own conclusions about how our Constitution should respond to the realities of the twenty-first century.
Law and Social Inquiry
This book provides documents from major post-9/11 cases that highlight central constitutional issues raised by the war on terror.
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Product Details

  • ISBN-13: 9780742560413
  • Publisher: Rowman & Littlefield Publishers, Inc.
  • Publication date: 10/7/2007
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 332
  • Product dimensions: 6.01 (w) x 9.08 (h) x 0.84 (d)

Meet the Author

H. L. Pohlman is the A. Lee Fritschler Professor of Public Policy at Dickinson College. Previously he was a Distinguished Fulbright Lecturer on American constitutional law in the United Kingdom, a Judicial Fellow at the Supreme Court of the United States, a Reporter of an Ad Hoc Committee of the Judicial Conference of the United States, and a director of the K. Robert Nilsson Center for European Studies in Bologna, Italy. He has received a number of awards, grants, and fellowships. He has published widely in the field of legal theory and American constitutional law. His work in progress is focused on the rule of law during the administration of George W. Bush.
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Table of Contents


Introduction     1
Foreign Intelligence Surveillance: In re Sealed Case     17
Background     18
Brief of the United States     28
Excerpts from the Brief of the United States     32
Oral Argument     36
Excerpts from the Transcript of the Oral Argument     38
Amici Curiae Briefs and the Government's Supplemental Brief     45
Excerpts from the ACLU's Amicus Curiae Brief     50
Excerpts from the National Association of Criminal Defense Lawyer's Brief     53
Excerpts from the U.S.'s Supplemental Brief     56
The Decision     59
Excerpts from the FISA Court of Review's Decision     63
Postscript     70
Detention of Citizen Enemy Combatants: Hamdi v. Rumsfeld and Rumsfeld v. Padilla     75
Background     76
Briefs Filed in Hamdi and Padilla     88
Excerpts from Hamdi's Brief     92
Excerpts from Government's Brief in Hamdi     96
Excerpts from Padilla's Brief     102
Excerpts from the Government's Brief in Padilla     105
Excerpts from Fred Korematsu's Amicus Brief in Padilla     108
Excerpts from POW Amicus Brief in Hamdi     109
Excerpts from Federal Judges'Amici Briefs in Hamdi and Padilla     110
Excerpts from Citizens for the Common Defense's Amicus Brief in Hamdi     111
Oral Argument in Hamdi and Padilla     112
Excerpts from Oral Argument in Hamdi     113
Excerpts from Oral Argument in Padilla     115
The Decision     117
Excerpts from the Opinions in Hamdi     121
Postscript     130
Aliens Detained Abroad: Rasul v. Bush     137
Background     138
Briefs Filed in Rasul     141
Excerpts from Rasul's Brief     148
Excerpts from U.S. Brief     152
Excerpts from Al Odah's Brief     158
Excerpts from the Law Professors' Amicus Curiae Brief Supporting the United States     160
Excerpts from the Retired Military Officers' Brief Supporting the GBNB Detainees     162
Excerpts from the Amicus Curiae Brief of 175 Members of Parliament     163
Amicus Brief of Fatima El-Samnah     164
Amicus Brief of Abdulla Al-Joaid     165
Oral Argument     166
Excerpts from the Oral Argument     169
The Decision     175
Excerpts from the Opinions     178
Postscript     185
Civilian Trials of High-Profile Terrorists: U.S. v. Moussaoui     191
Background     192
Briefs Filed in Moussaoui     199
Excerpts from the Government's Brief     201
Excerpts from Moussaoui's Brief     209
Oral Argument     217
Excerpts from the Transcript of the Oral Argument     219
The Decision     224
Excerpts from the Fourth Circuit's Opinions     232
Postscript     246
Trial by Military Commissions: Hamdan v. Rumsfeld     251
Background     252
Briefs Filed in Hamdan     258
Excerpts from Hamdan's Brief     263
Excerpts from the Government's Brief     268
Excerpts from Hamdan's Reply Brief     275
Oral Argument     276
Excerpts from the Oral Argument     279
The Decision     285
Excerpts from the Opinions     288
Postscript     302
Index     313
About the Author     323
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