The 9/11 Terror Cases: Constitutional Challenges in the War against Al Qaeda

The 9/11 Terror Cases: Constitutional Challenges in the War against Al Qaeda

by Allan A. Ryan
The 9/11 Terror Cases: Constitutional Challenges in the War against Al Qaeda

The 9/11 Terror Cases: Constitutional Challenges in the War against Al Qaeda

by Allan A. Ryan

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Overview

The terrorist attacks of 9/11 are indelibly etched into our cultural memory. This is the story of how the legal ramifications of that day brought two presidents, Congress, and the Supreme Court into repeated confrontation over the incarceration of hundreds of suspected terrorists and "enemy combatants" at the US naval base in Guantánamo, Cuba. Could these prisoners (including an American citizen) be held indefinitely without due process of law? Did they have the right to seek their release by habeas corpus in US courts? Could they be tried in a makeshift military judicial system? With Guantánamo well into its second decade, these questions have challenged the three branches of government, each contending with the others, and each invoking the Constitution's separation of powers as well as its checks and balances.

In The 9/11 Terror Cases, Allan A. Ryan leads students and general readers through the pertinent cases: Rasul v. Bush and Hamdi v. Rumsfeld, both decided by the Supreme Court in 2004; Hamdan v. Bush, decided in 2006; and Boumediene v. Bush, in 2008. An eloquent writer and an expert in military law and constitutional litigation, Ryan is an adept guide through the nuanced complexities of these cases, which rejected the sweeping powers asserted by President Bush and Congress, and upheld the rule of law, even for enemy combatants. In doing so, as we see clearly in Ryan's deft account, the Supreme Court's rulings speak directly to the extent and nature of presidential and congressional prerogative, and to the critical separation and balance of powers in the governing of the United States.

Product Details

ISBN-13: 9780700621705
Publisher: University Press of Kansas
Publication date: 11/06/2015
Series: Landmark Law Cases and American Society
Edition description: New Edition
Pages: 256
Sales rank: 731,261
Product dimensions: 5.50(w) x 8.50(h) x (d)

About the Author

Allan A. Ryan teaches the law of war at Harvard University and Boston College Law School. He has served as a law clerk to Justice Byron R. White on the US Supreme Court, assistant to the US Solicitor General and as director of the Office of Special Investigations in the Department of Justice's Criminal Division. His books include Yamashita's Ghost: War Crimes, MacArthur's Justice and Command Accountability.

Table of Contents

Editors’

Preface

Preface

Acknowledgments

1. Guantanamo

2. The First Cases

3. The Supreme Court

4. The Decisions of 2004: Rasul, Hamdi, and Padilla

5. Hamdan

6. Boumediene

7. The Obama Administration

8. Conclusion

Glossary

Chronology

Bibliographical Essay

Index

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