Law's Enemies: Enemy Concepts in U.S. Supreme Court Decisions

Studies in Law, Politics, and Society, Vol. 40, 2007

37 Pages Posted: 31 Jan 2009 Last revised: 12 May 2009

Christiane Wilke

Carleton University - Department of Law and Legal Studies

Date Written: 2007

Abstract

In a series of mid-20th century cases, the U.S. Supreme Court has modified and diversified the status of the enemy in U.S. law. We see a shift away from the statist egalitarian model toward a transnationalized model of enemies. U.S. Supreme Court decisions in three clusters of cases (German enemy aliens, the internment of the West Coast Japanese Americans, and Communist) from the 1940s and 1950s prefigure the radicalized post-9/11 "enemy combatant" status. The choice for such enemy conceptions is both a result of and a contribution to the changes in contemporary practices of violence.

Suggested Citation

Wilke, Christiane, Law's Enemies: Enemy Concepts in U.S. Supreme Court Decisions (2007). Studies in Law, Politics, and Society, Vol. 40, 2007. Available at SSRN: https://ssrn.com/abstract=1335481

Christiane Wilke (Contact Author)

Carleton University - Department of Law and Legal Studies ( email )

Department of Law, C 473 Loeb
1125 Colonel By Drive
Ottawa, Ontario K1S 5B6
Canada

HOME PAGE: http://www2.carleton.ca/law/about/wilke.php

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