Authors

Marc D. Falkoff

Document Type

Article

Media Type

Text

Abstract

The United States military's detention of hundreds of men at the Naval Base at Guantanamo Bay since January 2002 has drawn intense international condemnation, focused mainly on the United States' refusal to afford the detainees minimal due process protections. The Insular Cases, Eisentrager, and Reid all played a role when the Court next considered whether constitutional protections extended to non-citizens outside of U.S. territory. In Downes, Justice White described the core constitutional protections afforded to residents of unincorporated territories as "absences" of government power, not as "fundamental rights. ... We believe that whether or not non-citizens have a constitutional "right" to be free from torture or extrajudicial detention abroad by the U.S. government, the courts may recognize that the U.S. government does not have a "right" to act in this manner.

Publication Date

1-1-2007

Department

College of Law

Language

eng

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.