FRANK WILLIAMS LAW REVIEW ARTICLE
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FRANK WILLIAMS LAW REVIEW ARTICLE
Symposium: Still a Frightening Unknown: Achieving a Constitutional Balance between Civil Liberties and national Security during the War on Terror Roge FRANK WILLIAMS LAW REVIEW ARTICLEer Williams University Law Review, Spring 200712 Roger Williams u. L. Rev. 675, *Copyright (c) 2007 Roger Williams University Law Review Roger Williams University Law ReviewSpring, 200712 Roger Williams u. L. Rev. 675LENGTH: 36205 wordsSYMPOSIUM: Still a Frightening Unknown: ‘ Achieving a Constituti FRANK WILLIAMS LAW REVIEW ARTICLEonal Balance between Civil Liberties and National Security during the War on Terror.NAME: The Honorable Frank J. Williams *, Nicole J. Dulude, Esq. **FRANK WILLIAMS LAW REVIEW ARTICLE
and Kimberly A. Tracey ***BIO:* Chief Justice of the Rhode Island Supreme Court, founding chair of The Lincoln Forum, and member of the Conn of MilitSymposium: Still a Frightening Unknown: Achieving a Constitutional Balance between Civil Liberties and national Security during the War on Terror Roge FRANK WILLIAMS LAW REVIEW ARTICLEt thirty years and lectures nationally on Abraham Lincoln. Additionally, Chief Justice Williams has published numerous articles on Abraham Lincoln and civil liberties in wartime. Although Chief Justice Williams is a member of the Court of Military Commissions Review, nothing stated in this Article s FRANK WILLIAMS LAW REVIEW ARTICLEhould be construed as prejudgment by him of any cases that may reach that court.*♦ Law Clerk to the Honorable Frank J. Williams, Chief Justice of theFRANK WILLIAMS LAW REVIEW ARTICLE
Rhode Island Supreme Court; J.D., Roger Williams University School of Law 2006: B.A.. University of Rhode Island.*♦* Law Clerk, Rhode Island Supreme CSymposium: Still a Frightening Unknown: Achieving a Constitutional Balance between Civil Liberties and national Security during the War on Terror Roge FRANK WILLIAMS LAW REVIEW ARTICLEude to Professor Bruce I. Kogan of Roger Williams University School of Law, Associate Justice William p. Robinson III of the Rhode Island Supreme Court, and Nancy H. Van der Veer, Esq., for their invaluable advice in the preparation of this Article.SUMMARY:... In a similar vein, the framers of the C FRANK WILLIAMS LAW REVIEW ARTICLEonstitution intently concentrated on national security matters and enshrined numerous protections in that same document, knowinghttps://khothuvien.corFRANK WILLIAMS LAW REVIEW ARTICLE
i!that attention to such matters would be vital to the nation's success and longevity.... Second, critics relentlessly contend that the Constitution rSymposium: Still a Frightening Unknown: Achieving a Constitutional Balance between Civil Liberties and national Security during the War on Terror Roge FRANK WILLIAMS LAW REVIEW ARTICLEnge their detention before an Article III court by petitioning for a writ of habeas corpus.... Within one month of his arrest, Padilla was designated an enemy combatant who posed a grave threat to national security.... Hamdi’s detention prompted his father to petition the United States District Cour FRANK WILLIAMS LAW REVIEW ARTICLEt for the Eastern District of Virginia for a writ of habeas corpus.... Salim Ahmed Hamdan, a Yemeni national, who was originally charged with conspiraFRANK WILLIAMS LAW REVIEW ARTICLE
cy to commit "offenses triable by military commission," had petitioned the United States District Court for the District of Columbia Circuit for a wriSymposium: Still a Frightening Unknown: Achieving a Constitutional Balance between Civil Liberties and national Security during the War on Terror Roge FRANK WILLIAMS LAW REVIEW ARTICLEuthorization of an appeal to the United States Court of Appeals for the District of Columbia Circuit, notwithstanding that the act otherwise eliminates federal conn jurisdiction over alien detainee petitions for habeas corpus....HIGHLIGHT:■'Are all the laws, but one, to go unexecuted, and the govern FRANK WILLIAMS LAW REVIEW ARTICLEment itself go to pieces, lest that one be violated?":TEXT:[*676]IntroductionTwo hundred and thirty-one years ago the founders created a nation whoseFRANK WILLIAMS LAW REVIEW ARTICLE
citizens would be vested with certain unalienable rights - rights that remain an integral part of America today. Key among them are the principles of Symposium: Still a Frightening Unknown: Achieving a Constitutional Balance between Civil Liberties and national Security during the War on Terror Roge FRANK WILLIAMS LAW REVIEW ARTICLE guarantee citizens certain civil liberties and carefully inscribe those guarantees in our most revered document, the Constitution. In a similar vein, the framers of the Constitution intently concentrated on national security matters and enshrined numerous protections in that same document, knowing FRANK WILLIAMS LAW REVIEW ARTICLEthat attention to such matters would be vital to the nation's success and longevity. In the end, the representatives of thirteen inchoate states approFRANK WILLIAMS LAW REVIEW ARTICLE
ved a well-balanced set of guarantees, ensuring both the nation's enjoyment of continued survival and its citizens' enjoyment of great liberties.RecenSymposium: Still a Frightening Unknown: Achieving a Constitutional Balance between Civil Liberties and national Security during the War on Terror Roge FRANK WILLIAMS LAW REVIEW ARTICLEng of allegations that certain [*677] civil liberties guaranteed in the Constitution have been tread upon in the name of national security.Such criticism constantly makes headlines while we light the War on Terror, a war that arose in the context of threats to the United States unlike any it previou FRANK WILLIAMS LAW REVIEW ARTICLEsly had faced. ■■ The United States is engaged in battle with an enemy it cannot see, and. as it attempts to ward off enemy combatants • lx)th al homeFRANK WILLIAMS LAW REVIEW ARTICLE
and abroad, it is subject lo immense scrutiny around the globe. Al the same lime, the very real threat ol another attack continues to last a dark cloSymposium: Still a Frightening Unknown: Achieving a Constitutional Balance between Civil Liberties and national Security during the War on Terror Roge FRANK WILLIAMS LAW REVIEW ARTICLErity and locale terrorists who seek to jeopardize our nation’s security and well-being. ■ Instead, many lament dial President George w. Bush has sweepingly abrogated some civil liberties of those detained in Guantanamo Bay, Cuba, an allegation that, as we attempt Io demonstrate here, could not be I FRANK WILLIAMS LAW REVIEW ARTICLE*6781 more untrue. Their critique is twofold. First, critics question the government's decision to tty suspected alien unlawful enemy combatants by miFRANK WILLIAMS LAW REVIEW ARTICLE
litary commission, urging that the civil liberties of such persons are jeopardized by refusing them access to civilian courts. • Second, critics relenSymposium: Still a Frightening Unknown: Achieving a Constitutional Balance between Civil Liberties and national Security during the War on Terror Roge FRANK WILLIAMS LAW REVIEW ARTICLErded an immediate opportunity to challenge their detention before an Article ỈIĨ court ■ by petitioning for a writ of habeas corpus.»Addressing allegations (hat (he Bush administration has violated (he Constitution with its policies concerning judicial treatment of detainees' claims, Associate Justi FRANK WILLIAMS LAW REVIEW ARTICLEce Stephen G. Breyer of the United States Supreme Court has cogently articulated the government’s obligation: ’The Constitution always matters, perhapFRANK WILLIAMS LAW REVIEW ARTICLE
s particularly so in times of emergency... Security needs may well matter, playing a major role in determining just where the proper constitutional baSymposium: Still a Frightening Unknown: Achieving a Constitutional Balance between Civil Liberties and national Security during the War on Terror Roge FRANK WILLIAMS LAW REVIEW ARTICLEave worked rigorously to attain amidst the current wartime climate.uOne of the means the government has employed to achieve that constitutional balance is the establishment of special military commissions, replete with procedural safeguards, for the purpose of trying alien unlaw ful enemy combatants FRANK WILLIAMS LAW REVIEW ARTICLE. ‘ To implement this process, the right of detainees to initiate an immediate review ol lheir detention before an Article III judicial branch court hFRANK WILLIAMS LAW REVIEW ARTICLE
as admittedly taken a backseat to the overriding need to protect [*679] America and its citizens. In the place of the immediate right to challenge oneSymposium: Still a Frightening Unknown: Achieving a Constitutional Balance between Civil Liberties and national Security during the War on Terror Roge FRANK WILLIAMS LAW REVIEW ARTICLEtablish a unique fourlayered process, ensuring that alien unlawful enemy combatants arc treated with fairness and integrity throughout the Article 1. executive branch, process.'Despite the government's efforts to create a military tribunal system that, consistent with American addition and the laws FRANK WILLIAMS LAW REVIEW ARTICLEof war, affords a panoply of procedural protections to alien unlawful enemy combatants, the protocol has become the subject of significant criticism fFRANK WILLIAMS LAW REVIEW ARTICLE
rom numerous politicians, journalists, and academics. Nevertheless, the government's decisions have garnered some support from members of the judiciarSymposium: Still a Frightening Unknown: Achieving a Constitutional Balance between Civil Liberties and national Security during the War on Terror Roge FRANK WILLIAMS LAW REVIEW ARTICLEhe first recognition by an appellate conn in the post-9/11 era that the Constitution does not constitute a "suicide pact" •’ during the War on Terror. To the dismay of alien unlawful enemy combatants, the decision represented a turning point and an affirmation by one Circuit Court that exchanging ha FRANK WILLIAMS LAW REVIEW ARTICLEbeas corpus review for a four-stage judicial review process is constitutional and achieves the sought-after balance. »It was thought that the BoumedieFRANK WILLIAMS LAW REVIEW ARTICLE
ne decision would settle significant debate over the MCA'S constitutionality given the United States Supreme Court’s initial denial of certiorari reviGọi ngay
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