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Habeas Corpus in WartimeFrom the Tower of London to Guantanamo Bay$
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Amanda L. Tyler

Print publication date: 2017

Print ISBN-13: 9780199856664

Published to Oxford Scholarship Online: November 2017

DOI: 10.1093/oso/9780199856664.001.0001

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Conclusion

Conclusion

Chapter:
(p.277) Conclusion
Source:
Habeas Corpus in Wartime
Author(s):

Amanda L. Tyler

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199856664.003.0013

The book concludes by arguing that the current state of American habeas jurisprudence should trouble anyone who cares about the Constitution. As the chapters of the book reveal, the War on Terror Supreme Court decision in Hamdi v. Rumsfeld and the World War II internment of Japanese Americans stand entirely at odds with everything the Founding generation sought to achieve with the Suspension Clause. Specifically, the origins and long-standing interpretation of the Suspension Clause understood it to prohibit the government, in the absence of a valid suspension, from detaining persons who can claim the protection of domestic law outside the criminal process, even in wartime.

Keywords:   Habeas corpus, Suspension Clause, Hamdi v. Rumsfeld, Japanese American internment, Alexander Hamilton

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