The Enemy Combatant Papers : American Justice, the Courts, and the War on Terror

The Supreme Court cases covered in detail in this volume constitute one of the most important chapters in American history. Preserving key constitutional rights of due process and the rule of law trumped the efforts of a president attempting to use the war on terror to create an executive branch able to operate outside established legal norms.

This book presents the five major enemy combatant cases of the post-9/11 era. Presented in narrative form, these original documents tell the story that clarifies the questions at the heart of the American detention of alleged combatants in the war on terror. These documents discuss the right to counsel, the right to a trial, the right for the accused to see the evidence against him, and the intersection between domestic and international law. The book highlights the tension between the needs of national security and the liberties allotted to alleged enemies of the state by highlighting the basic question of what the US Constitution guarantees and to whom. The reader can follow the evolving arguments about presidential powers in time of war, habeas corpus, the Geneva Conventions, balance of powers, and matters of detention and prisoner treatment. This book is meant for those who seek to understand the issues that have dominated the search for balance between justice and security in the war on terror.