Terrorism and the Constitution: The Post-9/11 Cases / Edition 1

by H. L. Pohlman

Overview

This book contributes to the ongoing national debate on civil liberties during the war on terrorism by providing easy access to relevant documents from major post-9/11 cases. The book's goal is to give students an opportunity to consider two fundamental questions and explore other issues related to them. First, is the war on terrorism a type of war that requires a shift in the balance between national security and individual rights? Second, following the 9/11 attacks, are the three branches of the federal government functioning properly? It is imperative to define the role of the President, the Congress, and the federal judiciary in this new kind of war in which suicidal terrorists are actively seeking access to weapons of mass destruction. The specific issues raised in these post-9/11 cases are the basis for evaluating the proper balance between national security and individual rights during the war on terrorism and the respective roles of the three branches of the federal government.

Product Details

ISBN-13:	9780742560413
Publisher:	Rowman & Littlefield Publishers, Inc.
Publication date:	10/07/2007
Edition description:	New Edition
Pages:	332
Product dimensions:	6.01(w) x 9.08(h) x 0.84(d)

About the Author

H. L. Pohlman is the A. Lee Fritschler Professor of Public Policy at Dickinson College. Previously he was a Distinguished Fulbright Lecturer on American constitutional law in the United Kingdom, a Judicial Fellow at the Supreme Court of the United States, a Reporter of an Ad Hoc Committee of the Judicial Conference of the United States, and a director of the K. Robert Nilsson Center for European Studies in Bologna, Italy. He has received a number of awards, grants, and fellowships. He has published widely in the field of legal theory and American constitutional law. His work in progress is focused on the rule of law during the administration of George W. Bush.

Table of Contents

Part 1 Foreign Intelligence Surveillance: In re Sealed Case
Chapter 2 Background
Chapter 3 Brief of the United States
Chapter 4 Oral Argument
Chapter 5 Amici Curiae Briefs and the Government's Supplemental Brief
Chapter 6 FISA Court Review Decision
Chapter 7 Postscript
Part 8 Detention of Citizen Enemy Combatants: Hamdi v. Rumsfeld and Rumsfeld v. Padilla
Chapter 9 Rumsfeld v. Padilla
Chapter 10 Background
Chapter 11 Briefs Filed at the Supreme Court in Hamdi and Padilla
Chapter 12 Oral Arguments in Hamdi and Padilla
Chapter 13 The Decision
Chapter 14 Postscript
Part 15 Aliens Detained Abroad: Rasul v. Bush
Chapter 16 Background
Chapter 17 Legal Briefs Filed in Rasul
Chapter 18 Excerpts from Briefs filed in Rasul
Chapter 19 Oral Arguments in Rasul
Chapter 20 The Decision
Chapter 21 Postscript
Part 22 Civilian Trials of High-Profile Terrorists
Chapter 23 Background
Chapter 24 Briefs Filed at the 4th Circuit
Chapter 25 Oral Argument
Chapter 26 4th Circuit's Decision
Chapter 27 Postscript
Part 28 Military Trials
Chapter 29 Background
Chapter 30 The Briefs
Chapter 31 Oral Argument
Chapter 32 The Decision
Chapter 33 Postscript

What People are Saying About This

Mark Tushnet

H.L. Pohlman's careful selection and editing of materials makes it possible for readers to understand the complex legal issues arising out of the war on terrorism, and, even more important, to evaluate the legal arguments and come to their own conclusions about how our Constitution should respond to the realities of the twenty-first century.

Richard A. Posner

Pohlman has done something very useful: provided a carefully edited selection of briefs, argument transcripts, and other materials bearing on the major terrorism cases that have been decided since the September 11, 2001, terrorist attacks. These materials provide essential background to understanding a series of cases that deal with fundamental issues of civil liberties and national security.

Editorial Reviews

H.L. Pohlman's careful selection and editing of materials makes it possible for readers to understand the complex legal issues arising out of the war on terrorism, and, even more important, to evaluate the legal arguments and come to their own conclusions about how our Constitution should respond to the realities of the twenty-first century.

Mark Tushnet

Pohlman has done something very useful: provided a carefully edited selection of briefs, argument transcripts, and other materials bearing on the major terrorism cases that have been decided since the September 11, 2001, terrorist attacks. These materials provide essential background to understanding a series of cases that deal with fundamental issues of civil liberties and national security.

Richard A. Posner

This book provides documents from major post-9/11 cases that highlight central constitutional issues raised by the war on terror.

Law & Social Inquiry - 2008

This book provides documents from major post-9/11 cases that highlight central constitutional issues raised by the war on terror.

Law & Social Inquiry

Pohlman has done something very useful: provided a carefully edited selection of briefs, argument transcripts, and other materials bearing on the major terrorism cases that have been decided since the September 11, 2001, terrorist attacks. These materials provide essential background to understanding a series of cases that deal with fundamental issues of civil liberties and national security.--Richard A. Posner, U.S. Circuit Judge

H.L. Pohlman's careful selection and editing of materials makes it possible for readers to understand the complex legal issues arising out of the war on terrorism, and, even more important, to evaluate the legal arguments and come to their own conclusions about how our Constitution should respond to the realities of the twenty-first century.--Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School

This book provides documents from major post-9/11 cases that highlight central constitutional issues raised by the war on terror.--Law & Social Inquiry

From the Publisher

This book provides documents from major post-9/11 cases that highlight central constitutional issues raised by the war on terror.

Law and Social Inquiry