Enemies Foreign and Domestic: A Historical Look at the Use of Military Commissions by the United States and the Case for Using Them against American Citizens
An historical look at the use of Military Commissions by the United States of America. This article examines the constitutional powers to use Military Commissions as well as the limitations on such commissions.
It also examines the use of these commissions against American citizens and argues that they are proper in certain circumstances. The limitations set out by the Supreme Court are eroded to the point of being void.
The article goes on to examine the cases of John Walker Lindh and Yasser Hamdi to show that Military Commissions are the proper forum for such cases.
Civil Rights and Discrimination | Constitutional Law | International Law | Law and Politics | Military, War, and Peace
Date of this Version
James T. Barnett, "Enemies Foreign and Domestic: A Historical Look at the Use of Military Commissions by the United States and the Case for Using Them against American Citizens" (February 15, 2004). bepress Legal Series. bepress Legal Series.Working Paper 132.