Abstract

http://ssrn.com/abstract=1488969
 


 



The Fourth Amendment Goes to War


Robert J. Delahunty


University of St. Thomas School of Law (Minnesota)

October 14, 2009

Engage, August 2009
U of St. Thomas Legal Studies Research Paper No. 09-20

Abstract:     
In October 2001 - not quite six weeks after the 9/11 attacks on the United States - the Office of Legal Counsel in the Justice Department prepared an opinion on the question (among others) of whether the Warrant Clause of the Fourth Amendment would apply to domestic military operations against later such attacks inside the United States. The opinion concluded that it would not. The present writer was one of the co-authors of that opinion. The opinion was released in March 2009 by the new Administration's Justice Department, and was immediately subjected to a barrage of criticism in the media. This article answers those criticisms and defends the opinion's conclusions.

Number of Pages in PDF File: 19

Keywords: constitutional law, warrant clause, fourth amendment, search and seizure, law of war

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Date posted: October 14, 2009  

Suggested Citation

Delahunty, Robert J., The Fourth Amendment Goes to War (October 14, 2009). Engage, August 2009 ; U of St. Thomas Legal Studies Research Paper No. 09-20. Available at SSRN: http://ssrn.com/abstract=1488969

Contact Information

Robert J. Delahunty (Contact Author)
University of St. Thomas School of Law (Minnesota) ( email )
MSL 400, 1000 La Salle Avenue
Minneapolis, MN Minnesota 55403-2005
United States
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