Military Detentions and the Judiciary: Al Qaeda, the KKK, and Supra-State Law
University of Utah - S.J. Quinney College of Law
June 11, 2004
San Diego Journal of International Law, Vol. 5, p. 7, 2004
Three cases pending before the Supreme Court present a unique opportunity to clarify the respective roles of the military and the judiciary in time of crisis. All three cases involve military detentions and the administration’s claim of unreviewable discretion to imprison persons accused either of taking up arms against the United States or of plotting terrorist actions. The Bush administration’s challenge to judicial review lies at the heart of its so-called “war” on terrorism because it reflects the idea that civilian courts cannot second-guess the decisions of military commanders. It is important to the rule of law that courts not cede unreviewable authority to the military on our own soil.
Number of Pages in PDF File: 66
Keywords: terrorism, detentions, judicial review
JEL Classification: K14, K33Accepted Paper Series
Date posted: June 12, 2010 ; Last revised: February 5, 2013
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