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.
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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.
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6 of 6 people found the following review helpful:
3.0 out of 5 stars
Useful for the interested attorney,
By Baracas "Baracas" (USA) - See all my reviews
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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.
2 of 7 people found the following review helpful:
1.0 out of 5 stars
sick thoughts,
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This review is from: TERRORISM, LAWS OF WAR AND THE CONSTITUTION (HOOVER INST PRESS PUBLICATION) (Paperback)
This book gives one a view about what's wrong with the thinking that led our country to commit torture and to think that it is morally correct. The only purpose for reading this book is to see how morally bankrupt our current political leadership is. I couldn't have imagined that in my lifetime I would find people who with a straight face encourage actions that in previous days would not have been allowed to be spoken of in polite company. Who would ever believe that we would allow such an attack on the US Constitution and American values!
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- Not a Suicide Pact: The Constitution in a Time of National Emergency (Inalienable Rights) by Richard A. Posner in Back Matter
- Counterterrorism Strategies: Successes and Failures of Six Nations by Yonah Alexander in Back Matter
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