16 Questions
According to the text, who has the authority to detain members of al-Qaeda without trial?
The President as commander-in-chief
Why does the text use the term 'belligerent' instead of 'combatant'?
Because 'combatant' connotes personal violent action
What type of conflict does the terrorism discussed in the text legally fall under?
Non-international conflict
What does the chapter assume about the authority of the President as commander-in-chief?
The authority to detain without trial unprivileged enemy belligerents
According to the text, who argued that Article II of the Constitution authorizes the President to use the military to detain unprivileged enemy belligerents domestically?
John Yoo and Robert Delahunty
Which case did the Supreme Court rule on, supporting the claim that the President has the authority to use the military domestically against terrorists?
The Prize Cases
In which year did Congress pass the 'Authorization to Use Military Force' (AUMF) after 9/11?
2001
Which President issued an executive order (E.O. 132824) in 2018, ordering Guantanamo to remain open?
President Trump
In which case did the Supreme Court affirm that the laws and usages of war cannot be applied to citizens in states that have upheld the authority of the government?
Lampdin P. Milligan case
Who warned that caution should be exercised before relying on the Yoo-Delahunty argument?
Another memo from the Office of Legal Counsel
Which act specifically authorized detention by the President in 2012?
National Defense Authorization Act (NDAA)
Who issued a military order specifically addressing detention in November 2001?
President Bush
Who argued that there was legal precedent for the President’s authority to detain as an enemy belligerent a U.S. citizen captured in the U.S.?
The Office of Legal Counsel
Who issued E.O. 13492 that sought the closure of Guantanamo?
President Obama
In which year did the Department of Defense issue a manual on the law of war?
2012
Which statute became an important basis for the President to claim authority to detain unprivileged enemy belligerents?
Authorization to Use Military Force (AUMF)
Test your knowledge of the military detention and interrogation policies implemented by President Bush in 2001. Explore the legal and ethical aspects of detaining members of al-Qaeda and others without trial, and the use of military commissions for trials.
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