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Habeas corpus: empowerment of the Supreme Court and national security implications
Alkire, Christina A
The post-9/11 Supreme Court has given alien detainees at Guantanamo the right to file petitions of habeas corpus. This is the result of progressive judging. Progressivism places "idealism" above "realism" and seeks to "reaffirm our nation's constructive engagement in the United Nations and other multilateral organizations" (Naylor, 2005). This reaffirmation has translated into Supreme Court rulings that ignore or manipulate the Constitution, statutes, and the Court's own precedents. Through research conducted into the history of the writ of habeas corpus, its use in the United States, the expanding jurisdiction of the Supreme Court, past Supreme Court rulings on the writ and its application to aliens, and current rulings on these same issues, this thesis demonstrates that the writ was never intended to be enjoyed by aliens detained by the U.S. outside its sovereign territory. This thesis will then reveal some of the implications of this Supreme Court expansion, to include how it limits executive and legislative abilities to institute national security policies and procedures.
Master of Science (M.S.) San Diego State University, 2011
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