United States security

Questions for Week 7

A. Use the lecture notes, your textbook, or other credible sources to answer the following questions. Do not copy and do not “cut and paste.” You must indicate the source of every answer to each question. Each question must have at least a paragraph answer !

1. What is a military commission? Under what authority is a military commission established?

2. Explain the writ of habeas corpus. How does it apply to terrorism held in American custody today?

3. Distinguish between a lawful combatant and an unprivileged belligerent. What rights do each have after capture under international law?

4. Discuss the Detainee Treatment Act (2005). Why was the law enacted? What purpose does it serve? How does it operate?

5. What is combat immunity? Who possesses combat immunity?

6. Discuss Ex Parte Merryman (1861) and Ex Parte Milligan (1866).

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B. Include source for this question and answer must be atleast a paragraph.

Why did the U.S. Supreme Court disregard the precedent that it established in Johnson v. Eisentrager (1950) with regard to persons captured by the United States as part of the GWOT? Are the reasons convincing to you? Why or why not?