War and Civil Liberties

CONTENTS OF CURRICULUM UNIT 05.03.10

  1. Unit Guide
  1. Introduction
  2. Legal Terms
  3. 1814-1815: New Orleans
  4. Lincoln Conspiracy
  5. Ex Parte Quirin
  6. The War on Terrorism
  7. Supreme Court Decisions
  8. Lesson Plans
  9. Bibliography: Works Cited

Precedents for the USA PATRIOT Act: Military Tribunals

Mary Ann Tustin Natunewicz

Published September 2005

Tools for this Unit:

Bibliography: Works Cited

The 9/11 Commission Report. New York: W.W. Norton and Company. 2004. This is a

very readable and gripping account of the events leading up to the attacks of

9/11. Students could read parts of this.

Cicero, Marcus Tullius. Pro Milone. Loeb Classical Library. Cambridge, MA: Harvard

University Press, 1964. An excellent speech in behalf of a thug.

Eaton, John Henry. The Life of Andrew Jackson. Cincinnati: Hatch and Nichols. 1827.

Eaton was a United States Senator and supporter of Jackson. He is sympathetic

to Jackson's reasons for imposing martial law.

Fenton, Justin and Sam Sessa. "Stylized MARC 'Report' Posters Spark Online Buzz".

Baltimore Sun, Today section C4, 7/15/05. News report on posters urging

riders to watch other passengers. Picture of poster is included.

Fisher, Louis. Military Trials and Presidential Power: American Revolution to the

War on Terrorism. Lawrence KS: University of Kansas Press. 2005. This is

an excellent, carefully argued and explained history of the use of military

tribunals. It is particularly good on the World War II precedents.

Geneva Conventions. http://www.genevaconventions.org. This site has the three

protocols signed Aug 12, 1949. The Third protocol deals with rights of

prisoners of war. Accessed Aug. 7 2005.

Hanchett, William. The Lincoln Murder Conspiracies. Urbana and Chicago: University

of Illinois Press. 1983. This analyzes the two conspiracies alleged to have

been involved in the assassination, a local conspiracy and one that involved

the Confederate leaders.

Hedges, Michael. "Olajuwon Mosque's Money Funneled to Terrorists", Houston

Chronicle, Feb. 10, 2005, A Section 1, p. 23. The first news article on the

gift. There is a denial on 2/16/05 and a follow up on 2/20/05.

Leone, Richard C. and Greg Anris, Jr., eds. The War on Our Freedoms. Civil Liberties

in the Age of Terrorism. New York: Public Affairs. 2003. This is a collection

of essays. Schulhofer on FISA, Sullivan on TIA and TIPS, Stacks and Cloud on

lack of freedom of the press are all excellent.

Lieber, Francis. Laws of War: General Orders No. 100. Instructions for the Government

Of Armies of the United States in the Field. New Haven CT: The Avalon Project

At Yale Law School. http://www.yale.edu/lawweb/avalon/lieber.htm

(accessed 7/9/2005) This is the code for proper military conduct issued during

The Civil War.

Lurie, Jonathan. "Andrew Jackson, Martial Law, Civilian Control of the Military, and

American Politics: An Intriguing Amalgam". Military Law Review. 133 (Fall

1989) pp. 133-147. This is a succinct account of Jackson's imposition of

Martial law in New Orleans in 1814-1815.

University of Missouri Kansas City Law School. Famous Trials. Lincoln Conspiracy.

http://www.law.umkc.edu/faculty/projects/ftrials/lincolnconspiracy.html

This site has the general historical background, plans of the courtroom, pictures,

the Presidential Order for a Military Commission, the Attorney General's

opinion, testimony from the trial, copies of writs of habeas corpus and a

Jeopardy-style game that uses the facts of the trial.

Neely, Mark E., Jr. The Fate of Liberty: Abraham Lincoln and Civil Liberties.

New York: Oxford Press. 1991. This is an excellent account of the suspensions

of habeas corpus and the types of offenses tried under martial law.

Rehnquist, William H. All the Laws but One: Civil Liberties in Wartime. New York:

Vintage Books, Random House. 1998. Lincoln's use of habeas corpus is one focus

of this book. This is good to read with the Neely book.

Schulhofer, Stephen J. "No Checks, No Balances: Discarding Bedrock Constitutional

Principles". Leone, supra 74-99. This is a lucid presentation of the dangers of

increased surveillance.

Serrano, Richard A. "Court upholds Bush plan for Guantanamo tribunals". Houston

Chronicle, July 16, 2005. A6.

Steers, Edward. Blood on the Moon. The Assassination of Abraham Lincoln. Lexington

KY. The University Press of Kentucky. 2001. A study of the conspirators and the

trial. This is very readable and students could enjoy it.

Stone, Geoffrey R. Perilous Times. New York: W.W. Norton and Company 2004. This

is a survey of the status of Civil liberties during wartime. Most of the book deals

with limitations of liberties in the twentieth century.

Sullivan, Kathleen. "Under a Watchful Eye: Incursions on Personal Privacy", in Leone,

supra, pp.128-146. This is a clear description of the threats to privacy inherent in

the Patriot Act.

United States Military. Military Justice Part VII. The Court Martial Process.

Appellate Court Review.

http://usmilitary.about.com/library/weekly/aa103000e.htm

This gives the details on the appeal process in military trials. Accessed Aug. 7 2005.

Web Sites

Avalon Project at Yale Law School. Documents pertaining to September 11, 2001. This

site has all the major documents relevant to the months following the attack. It is

used here for the text of the Authorization for use of Military force.

http://www.yale.edu/lawweb/avalon/sept_11. Accessed July 25, 2005.

CNN Web site. Moussaoui trial. http://www.cnn.com/2005/LAW/04/22/moussaoui.

This site has a good account of the problems associated with the trial. It could

be used by students. Accessed July 27, 2005.

http://findlaw.com/casecode/supreme.html. This site is a convenient place to find

Supreme Court decisions and opinions. The main page has links to a specific

year. Accessed July 22, 2005.

Other Sources:

Chang, Nancy. Silencing Political Dissent: How Post-September 11 Anti-Terrorism

Measures Threaten Our Civil Liberties. New York: Seven Stories Press. 2002.

Chang, Meeropol, Cole and Toor have material that overlaps. The Chang book is

short and sections of it could be read by students.

Cole, David and James X. Dempsey. Terrorism and the Constitution: Sacrificing

Civil Liberties in the Name of National Security. New York: The New Press. 2002

Excellent articles on various topics.

Meeropol, Rachel, ed. America's Disappeared: Secret Imprisonment, Detainees, and the

"War on Terror". New York: Seven Stories Press.2005. This tells the stories of

Several of those who have been imprisoned in the war against terror.

Olshansky, Barbara. Secret Trials and Executions. Military Tribunals and the Threat to

Democracy. New York: Seven Stories Press. 2002. The title promises more than

the book delivers.

Toor, James D., ed. Homeland Security. San Diego, New York: Greenhaven Press. 2004.

This has several paired topics, for instance articles for and against racial profiling,

the effectiveness of the PATRIOT ACT, limitation of immigration. There is also

a statement by President Bush.

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