Is There a War Exception to the Bill of Rights?

History 4910/Sociology 4070

May 2005

J. Samaha

Required Reading

1. David Frum and Richard Perle, An End to Evil: How to Win the War on Terror.

2. David Rose. 2004. Guantanamo

3. Michael Chertoff. 2003. "Law, Loyalty, and Terror"

4. William Quirk. 2001. "Constitutional Dictatorship."

5. Mark Bowden. 2003. Interview.

Class Format

Class is divided in three periods except on days when there’s a mock trial.

Period 1: 9:30-10.

Period 2: 10-12

Period 3: 12-1:10

Course Requirements

1. Attendance. Question and comment on reading due at the beginning of Period 1. Question and comment on day’s activities due at the end of Period 3.

2. Period 1. Participation in the discussion of readings.

3. Period 2. Participation in mock argument preparation.

4. Period 2. Participation in “context” and background preparation and presentation.

5. Period 3. Reports on progress, problems, and good and bad experiences.

6. Participation in oral argument presentation.

7. Evaluation of group members.

Schedule of Classes

May 23. "Chasing the Sleeper Cell."

The Civil War

The Military Trial of Clement Vallandigham, 1863

May 24. 1. Reading Assignment; Quirk, "Constitutional Dictatorship 2. Prepare for military commission mock trial.

Military Commission Transcript of the trial of Clement Vallandigham, May 1863. Perry argument (for the Government); Pugh argument (for Vallandigham); General Burnside's statement

Other stuff:

1. Go to: http://cdl.library.cornell.edu/moa/browse.monographs/waro.html

2. Click on Series II, volume 3

3. Read Vallandigham stuff on pages, 654-658; 664-666; 959-960; 963-964; 965-966; 968, 969

4. Click on Series II, volume 1 and read Vallandigham stuff on page 614.

5. Click on Series III, volume 3 and read Vallandigham stuff on pages 1099-1100

May 25. 1. Reading Assignment; Chertoff, "Law, Loyalty, and Terror." 2. Continue preparation for mock trial

May 26. Vallandigham Mock Trial

May 30. HOLIDAY

Clement Vallandigham and his time, Harper's Weekly (May-June 1863).

May 31.

1. Go to http://www.lib.umn.edu/

2. Click on MNCAT

3. Enter "Harper's Weekly"

4. Click on Harper's Weekly (Online)

5. Click on "HarpWeek"

6. Click on link to the right of "Internet Access"

7. Sign in using your e-mail account information

8. Browse the April and May, 1863 issues for information on Vallandigham and for context.

The "War" on Terror

Rasul and others v. Bush and others

June 1. 1. Frum and Perle, An End to Evil, Chapters 1-5. 2. Prepare mock argument in Rasul v. Bush.

a. Groups A and B. Rasul v. Bush, edited version;

b. Group B. (1) Brief of 175 Members of Both Houses of The Parliament of the United Kingdom of Great Britain and Northern Ireland as Amici Curiae in Support of Petitioners (01/14/2004) (Supporting the Petitioners Rasul and others); the link to this brief is located in the list of "Related Documents".

c. Group A. (1) Brief Amicus Curiae of Law Professors, Former Legal Advisors of the Department of State and Ambassadors, Retired Judge Advocates General and Retired Military Commanders, and Other International Law Specialists in Support of Respondents (3/9/04) (Supporters of George W. Bush and others); the link to the brief is located in the list of "Related Documents".

June 2. Period 1 (9:30-10:15), Frum and Perle, An End to Evil, Chapters 6-9. Periods 2-3. Prepare for Mock argument in Rasul v. Bush.

June 6. Period 1 (9:30-10:15), Rose, Guantanamo, pp. 1-80. Period 2 (10:30-11:30), Mock argument, Rasul v. Bush. Period 3 (11:30-1), Prepare for Rasul v. Rumsfeld.

Groups A and B.

1. Complaint. Complaint in Shafiq Rasul, Asif Iqbal, and Rhual Ahmed v. Donald Rumsfeld and others;

2. Statement of Rasul, Iqbal, and Ahmed;

3. Google search "Shafiq Rasul." Lexis-Nexis search. Instructions for Lexis-Nexis.

1. Go to University of Minnesota Library

2. Click on "Articles and more, Indexes.

3. Click on "L"

4. Click on "Lexis-Nexis"

5. Enter information for "Internet Login"

6. Suggested searches "Shafiq Rosul" "Guantanamo release innocent"

7. Select "previous two years" in date field

Group A. Kadic v. Karadzic.

Group B. (2) Doe v. Karadzic.

 

Rasul and others v. Rumsfeld and others

June 7. Period 1 (9:30-10:15), Rose, Guantanamo, pp. 81-end; Rose, Text Analysis; Form. Periods 2 and 3 (10:30-1), Prepare for mock arguments in Rasul v. Rumsfeld.

June 8. 1 (9:30-10:45), Prepare for Rasul v. Rumsfeld. Periods 2-3 (11:45-1), Mock Argument Rasul v. Rumsfeld

June 9. Finishing up