DEVELOPMENTS IN THE NATIONAL SECURITY POLICY OF THE UNITED STATES SINCE 9/11: The Separate Roles of the President, the Congress, and the Supreme Court

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An examination of United States National Security Policy, since the events of September 11, 2001, from the perspective of American constitutional law.


“. . . should be required reading for all citizens . . .” – James P. King, Judge, NYS Court of Claims (Ret)

“Such a comprehensive record is invaluable. . .” - Prof. Dewi Williams, Staffordshire Law School

Table of Contents

Foreword by James P. King
1. The Indefinite Detention of Enemy Combatants Post 9/11 and National Security Policy: An Overview
2. United States Supreme Court Review of the Military Order on the Detention, Treatment and Trial of Non-Citizens on the War Against Terrorism
3. The Military Commission Act of 2006 and National Security Policy
4. United States Supreme Court Review of Habeas Corpus and the Military Commissions Act of 2006
5. The Terrorist Surveillance Program and National Security Policy
6. The Use of Presidential Signing Statements and National Security Policy
7. Separation of Powers and National Security Policy Post 9/11: A Postscript
Appendix A - Department of Defense Fact Sheet: Changes to Military Commission Procedures
Appendix B – Amendment No.1977 by McCain
Appendix C1 – Detainee Treatment Act
Appendix C2 – Military Commissions Act of 2006
Appendix D – Memorandum from the Office of the Secretary of Defense / Application of Common Article 3 of the Geneva Conventions
Appendix E – Convention (III) Relative to the Treatment of Prisoners of War, Geneva, 12 August 1949
Appendix F – The NSA Program to Detect and Prevent Terrorist Attacks: Myth v. Reality
Appendix G – Senator Arlen Specter’s Open Letter to Vice President Cheney
Appendix H – Response from Vice President Cheney to Senator Arlen Specter
Appendix I – Bill S.185 To Restore Habeas Corpus for those detained by the United States
Appendix J – Hicks’ Pre-trial Agreement
Appendix K – Protect America Act of 2007
Case References
Constitutional Provisions
Statutes, Rules, and Regulations

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