Executive Excess V. Judicial Process: American Judicial Responses to the Government's War on Terror

38 Pages Posted: 3 Aug 2006  

Michael J. Kelly

Creighton University School of Law; American Society of International Law

Abstract

The federal government's policy responses to the 9/11 terrorist attacks and the ensuing conduct of President Bush's war on terror have thrown American civil liberty rights into disarray. Attorney General Ashcroft and Defense Secretary Rumsfeld have trampled U.S. constitutional and international norms in their unlawful detention of hundreds of individuals and designation of enemy combatants, unlawful combatants, and material witnesses. The federal judiciary is now responding to these executive abuses. This article considers the early judicial responses to the policies effectuated by the Bush administration.

Keywords: Bush, war on terror, civil liberties, enemy combatant, unlawful combatant, geneva convention, Ashcroft, detention, terrorist, terrorism

JEL Classification: K10, K40

Suggested Citation

Kelly, Michael J., Executive Excess V. Judicial Process: American Judicial Responses to the Government's War on Terror. Indiana International & Comparative Law Review, Vol. 13, 2003. Available at SSRN: https://ssrn.com/abstract=920866

Michael J. Kelly (Contact Author)

Creighton University School of Law ( email )

2500 California Plaza
Omaha, NE 68178
United States
402-280-3455 (Phone)
402-280-2244 (Fax)

HOME PAGE: http://www.creighton.edu/law/faculty/kelly/index.php

American Society of International Law

2223 Massachusetts Avenue, NW
Washington, DC 20008
United States
202-939-6000 (Phone)

HOME PAGE: http://www.asil.org/

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