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Liberty and Justice For All: Civil Rights and Liberties in Times of War and Terror |
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Abstract:
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Abstract: This paper discusses the rights afforded American citizens, particularly minority citizens and alien residents during times of war, national emergency and international crises. Specifically, I address the following questions: what restrictions on civil liberties are necessary to preserve domestic peace? How does a nation at war balance domestic safety with the principles of freedom, justice and democracy?
To answer these questions, this paper engages in the pragmatic legal analysis of two cases- one historical, the other contemporary. The first explores the internment of Japanese American citizens following the bombing of Pearl Harbor Naval Base in Hawaii, December 1941, and the United States Supreme Court decisions that resulted from citizen challenges to internment. The second analysis examines the detention of American citizens (and foreign nationals) at the United States Naval base in Guantanamo Bay, Cuba and the Supreme Court cases that have addressed this contemporary example of government sanctioned imprisonment of political dissidents based solely upon executive mandate. By considering these cases together, and subjecting their legacies to pragmatic legal analysis, this paper sheds light on the historical trajectory of civil rights and liberties in times of war and terror. |
Most Common Document Word Stems:
state (156), unit (112), war (96), govern (95), american (94), right (79), law (74), citizen (73), individu (64), court (62), constitut (62), nation (54), time (46), liberti (45), japanes (44), power (43), execut (42), act (39), ibid (37), intern (36), detaine (36), |
Author's Keywords:
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civil liberties, war on terror, japanese internment, guantanamo bay cuba, pragmatic legal analysis |
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Association:
Name: American Political Science Association URL: http://www.apsanet.org
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Citation:
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MLA Citation:
| Russell, Carrie. "Liberty and Justice For All: Civil Rights and Liberties in Times of War and Terror" Paper presented at the annual meeting of the American Political Science Association, Hyatt Regency Chicago and the Sheraton Chicago Hotel and Towers, Chicago, IL, Aug 30, 2007 <Not Available>. 2008-10-08 <http://www.allacademic.com/meta/p210532_index.html> |
APA Citation:
| Russell, C. A. , 2007-08-30 "Liberty and Justice For All: Civil Rights and Liberties in Times of War and Terror" Paper presented at the annual meeting of the American Political Science Association, Hyatt Regency Chicago and the Sheraton Chicago Hotel and Towers, Chicago, IL Online <APPLICATION/PDF>. 2008-10-08 from http://www.allacademic.com/meta/p210532_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Abstract: Abstract: This paper discusses the rights afforded American citizens, particularly minority citizens and alien residents during times of war, national emergency and international crises. Specifically, I address the following questions: what restrictions on civil liberties are necessary to preserve domestic peace? How does a nation at war balance domestic safety with the principles of freedom, justice and democracy?
To answer these questions, this paper engages in the pragmatic legal analysis of two cases- one historical, the other contemporary. The first explores the internment of Japanese American citizens following the bombing of Pearl Harbor Naval Base in Hawaii, December 1941, and the United States Supreme Court decisions that resulted from citizen challenges to internment. The second analysis examines the detention of American citizens (and foreign nationals) at the United States Naval base in Guantanamo Bay, Cuba and the Supreme Court cases that have addressed this contemporary example of government sanctioned imprisonment of political dissidents based solely upon executive mandate. By considering these cases together, and subjecting their legacies to pragmatic legal analysis, this paper sheds light on the historical trajectory of civil rights and liberties in times of war and terror. |
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| Document Type: |
application/pdf |
| Page count: |
51 |
| Word count: |
14892 |
| Text sample: |
| The Rights of Minority Citizens During Times of War and Terror By Carrie Archie Russell Vanderbilt University Prepared for delivery at the 2007 Annual Meeting of the American Political Science Association August 30-September 2 2007 Civil Rights and Liberties in Times of War and Terror Abstract: This paper discusses the rights afforded American citizens particularly minority citizens and alien residents during times of war national emergency and international crises. Specifically I address the following questions: what restrictions on civil |
| Justice Denied ” Part 2 §§ 5 8 (1986) • Request for Precautionary Measures issued by the Organization of American States 41 I.L.M. 532 (2002) • Response of the United States to Request for Precautionary Measures—Detainees in Guantanamo Bay Cuba 41 I.L.M. 1015 (2002) • Schenk v. United States 249 U.S. 47 (1919) • Shafiq Rasul et.al. v. George Bush 540 U.S. 1175 (2004) • Third Geneva Convention Article 118 “Treatment of Prisoners of War ” (1949) • Warren |
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