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Habeas Corpus after 9/11Confronting America's New Global Detention System$
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Jonathan Hafetz

Print publication date: 2011

Print ISBN-13: 9780814737033

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814737033.001.0001

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The Seeds of a Global Constitution

The Seeds of a Global Constitution

(p.101) 6 The Seeds of a Global Constitution
Habeas Corpus after 9/11

Jonathan Hafetz

NYU Press

This chapter examines the use of habeas corpus to challenge detentions overseas before 9/11 as well as the principles underlying the extraterritorial application of constitutional rights. It begins with a historical overview of the debate over whether the Constitution applied beyond America's borders, especially with regards to the structure of government for newly acquired territories, procedural components of civil and criminal justice, and the issue of slavery. It then considers the question surrounding the extraterritorial application of the Constitution in connection with expanding U.S. law enforcement operations on the high seas and in foreign countries. It also discusses court cases that offered support for the proposition that fundamental constitutional rights applied outside the United States to both citizens and noncitizens.

Keywords:   habeas corpus, detention, 9/11, constitutional rights, Constitution, court cases, citizens, noncitizens, law enforcement, foreign countries

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