TERRORISM, LAWS OF WAR AND THE CONSTITUTION (HOOVER INST PRESS PUBLICATION)

By in Conflict of Laws on September 1, 2013

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Civil liberties versus national security: new issues raised by a new kind of war

The modern laws of war that emerged in the seventeenth and eighteenth centuries were developed with a particular concept of war in mind-one that does not apply to the conflict with our current adversaries. With the September 11 attacks the United States found itself engaged in a new kind of war, with new dilemmas that needed new rules. Terrorism, the Laws of War, and the Constitution examines three significant enemy combatant cases-Padilla, Hamdi, and Rasul-that represent the leading edge of U.S. efforts to devise legal rules, consistent with American constitutional principles, for waging the global war on terror.

The volume’s distinguished contributors analyze the crucial questions these cases raise about the balance between national security and civil liberties in wartime, discuss critical separation of powers issues, and call upon the courts, the political branches, and the country to reexamine the complicated connections between the Constitution and international law. Spanning the spectrum of informed legal opinion, the essays gathered here show that debating the enemy combatant cases is indispensable to meeting the legal challenges to come in the long war that lies ahead. Although they may disagree as to the details, the contributors are in full agreement that fortifying the rule of law at home is both a demand of justice and a national security imperative.

Peter Berkowitz teaches at George Mason University School of Law and is a fellow at the Hoover Institution.

Contributors: Mark Tushnet, Patricia M. Wald, Seth P. Waxman, Ruth Wedgwood, Benjamin Wittes, John Yoo.

One thought on “TERRORISM, LAWS OF WAR AND THE CONSTITUTION (HOOVER INST PRESS PUBLICATION)

  1. Baracas "Baracas"
    1
    6 of 6 people found the following review helpful
    3.0 out of 5 stars
    Useful for the interested attorney, June 25, 2006
    By 

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    This review is from: TERRORISM, LAWS OF WAR AND THE CONSTITUTION (HOOVER INST PRESS PUBLICATION) (Paperback)

    This edited book is useful for attorneys that follow constitutional law issues and the debate on Qitmo detention issues. John Yoo writes an easily understood article that summarizes the Bush Admin argument. Unfortunately, the other authors were not selected to offer a different argument. Regardless of the absence of competing arguments, the summary of the enemy combatant cases is comprehensive and two authors provide unique perspectives of the response by the three branches of US govert. In short, four of the articles make this book worthy of your time, but buy the used book.

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