The Not-So-Long Arm of the Law
THE SOURCE: “Beyond Protection” by Philip Hamburger, in Columbia Law Review, Dec. 2009.
For years, legislators, executive branch lawyers, and the courts have been tied up in knots over the scope of the rights that must be accorded suspected terrorists. Are they due a civilian jury? Can they be detained without being charged? Philip Hamburger, a professor at Columbia Law School, says that a more basic question must first be ad dressed: Do American legal protections even cover such people at all?
Hamburger argues that a legal doctrine prominent during the American Revolution, the “protection principle,” can help U.S....