Word: detainers
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...judicial branches to ignore the Bill of Rights. He has worked to close immigration hearings in order to keep due process from getting in the way of justice (read: arbitrary imprisonment of men of Middle Eastern descent). To that end, he has not only used every pretext possible to detain people without burdening the judiciary with the added task of charging these people with a crime, but he also created military tribunals in the event that the court system might make the mistake of respecting the rights of the defendant...
...Cape-Cod house that used to serve as the checkpoint for travelers headed north into Canada. I pass under the stainless steel bridge and glance into the reflection-coated windows, and wonder if the security guards behind the bulletproof glass will pick me out as a threatening figure and detain me for further questioning. Since 9-11, nothing is as straightforward for travelers. Even in rural Vermont, the very architecture of the patrol station is there to tell Americans that constant vigilance is the only way to prevent another tragedy. Yet the Canadians, by comparison, have not been terrorized...
...beget humility, of which there has at times been a shortage in the face of so daunting a challenge as Iraq poses. And as for the violation of American values, we must recalculate the cost of the post-9/11 instinct to change the rules we play by, detain whomever we need to, forget due process and forgo the Geneva Convention. If this is indeed a fight to the death, what is it we are fighting for, if not the values we seem so ready to sacrifice on the grounds that this is a different kind of war? There will...
...unanimous 8-0 ruling, the Supreme Court upheld Roosevelt’s right to detain the eight men and try them by military commission in the landmark Ex parte Quirin case. The Court explicitly noted the difference between “lawful” and “unlawful” combatants: “Lawful combatants are subject to capture and detention as prisoners of war by opposing military forces. Unlawful combatants are likewise subject to capture and detention, but in addition they are subject to trial and punishment by military tribunals for acts which render their belligerency unlawful...
...else formally charged in a civilian court, claiming his detention was illegal under Title 18, Section 4001(a) of the U.S. Code. Known as the “Non-Detention Act,” Section 4001(a) states, “No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress.” According to the Second Court, Bush lacked such “congressional authorization,” since Congress never officially declared war after Sept. 11 (as it did against Nazi Germany after Pearl Harbor...