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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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Introduction

Introduction

Chapter:
(p.1) Introduction
Source:
Habeas Corpus in Wartime
Author(s):

Amanda L. Tyler

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199856664.003.0001

The Introduction begins by exploring modern examples sanctioning the concept of the citizen enemy combatant, such as the War on Terror cases of José Padilla and Yaser Hamdi. It then suggests that the roots of this concept may be found in the World War II detention of Japanese Americans, including over 70,000 U.S. citizens. The Introduction continues by arguing that this modern conception of the citizen enemy combatant is impossible to reconcile with the historic understanding of the Suspension Clause and the habeas privilege that trace their origins to English legal tradition, an understanding that remained consistent well through Reconstruction. The Introduction concludes with an overview of the book.

Keywords:   Boston Marathon, War on Terror, Japanese American Internment, habeas corpus, Suspension Clause, enemy combatant

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