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Questions and Answers

What did the Supreme Court rule in Ex parte Endo regarding the detention of persons of Japanese ancestry?

  • Detaining all persons of Japanese ancestry was ruled constitutional during wartime
  • Detaining dangerous citizens during war was ruled per se unconstitutional
  • Detaining Japanese-Americans without proof of disloyalty or security risk was ruled unconstitutional
  • Detaining concededly loyal Americans was not within the authority to exclude persons of Japanese ancestry from declared military areas (correct)

    • What did the Supreme Court's disavowal of the Japanese internment cases imply?

  • The detention of citizens during war who are deemed dangerous has been ruled per se unconstitutional
  • The detention of concededly loyal citizens during war is unconstitutional
  • The detention of citizens during war who are deemed dangerous has never been ruled per se unconstitutional (correct)
  • The detention of all citizens during war is unconstitutional

    • What did the Supreme Court's ruling in the case of the labor union leader detained by a state governor in Colorado indicate?

  • The detention was considered a breach of procedural due process
  • The detention was exonerated (correct)
  • The detention was ruled unconstitutional
  • The detention was deemed a violation of the equal protection clause

    • What did the Supreme Court's ruling in the case of Milligan, who was arrested and tried by Lincoln’s military, lead to?

    <p>Milligan was released</p> Signup and view all the answers

    According to the Quirin decision, what did the court uphold regarding U.S. citizenship and enemy combatant status?

    <p>Stated that U.S. citizenship did not exempt from consequences as an enemy combatant</p> Signup and view all the answers

    What did the Supreme Court reaffirm approximately 60 years after the Quirin decision?

    <p>The nation could hold its own citizens as enemy combatants</p> Signup and view all the answers

    What has been upheld by the courts regarding the detainment of U.S. citizens seized on U.S. soil?

    <p>The detainment of U.S. citizens seized on U.S. soil has been upheld by the courts</p> Signup and view all the answers

    What may prevent the U.S. government from declaring mere political opponents of the President as unprivileged enemy belligerents?

    <p>Treaty obligations and international law</p> Signup and view all the answers

    What raises legal and constitutional complexities according to the text?

    <p>Declaring mass murderers as militarily detainable unprivileged enemy belligerents</p> Signup and view all the answers

    What is addressed in the subsequent sections according to the text?

    <p>The President's and Congress's policy and law on detention</p> Signup and view all the answers

    What did Bush's military order of November 13, 2001 cover?

    <p>Members of al-Qaeda and individuals engaged in international terrorism</p> Signup and view all the answers

    What does the Department of Defense's view of the military's authority to detain rely on?

    <p>President's Article II authority</p> Signup and view all the answers

    What does the first prong of 'engaging in hostilities' involve according to the DOD's view?

    <p>Personal actions intended to harm the U.S.</p> Signup and view all the answers

    What does the DOD claim authority to detain individuals for?

    <p>Engaging in hostilities without distinct privileges of combatant status</p> Signup and view all the answers

    On what does the claimed authority of the DOD rest?

    <p>President's Article II authority</p> Signup and view all the answers

    What did the Quirin decision deny for defendants?

    <p>Right to a writ of habeas corpus</p> Signup and view all the answers

    What did the Supreme Court reaffirm approximately 60 years after the Quirin decision?

    <p>The nation's ability to hold its own citizens as enemy combatants</p> Signup and view all the answers

    What did Bush's military order of November 13, 2001 cover?

    <p>Members of al-Qaeda and individuals engaged in international terrorism</p> Signup and view all the answers

    On what does the claimed authority of the DOD to detain individuals rest?

    <p>President's Article II authority</p> Signup and view all the answers

    What raises legal and constitutional complexities according to the text?

    <p>Declaring mass murderers as unprivileged enemy belligerents</p> Signup and view all the answers

    What did the detainment of U.S. citizens seized on U.S. soil result in according to the courts?

    <p>Being upheld</p> Signup and view all the answers

    What does the Department of Defense's view of the military's authority to detain rely on?

    <p>President's Article II authority</p> Signup and view all the answers

    What does the first prong of 'engaging in hostilities' involve according to the DOD's view?

    <p>Personal actions intended to harm the U.S.</p> Signup and view all the answers

    What did the DOD claim authority to detain individuals for?

    <p>Engaging in hostilities but not entitled to the privileges of combatant status</p> Signup and view all the answers

    What may prevent the U.S. government from declaring mere political opponents of the President as unprivileged enemy belligerents?

    <p>Treaty obligations and international law</p> Signup and view all the answers

    What is addressed in the subsequent sections according to the text?

    <p>President's and Congress's policy and law on detention</p> Signup and view all the answers

    What does the distinction between lawful and unlawful belligerents involve according to the text?

    <p>Complex issues of international law</p> Signup and view all the answers

    Study Notes

    U.S. Citizenship and Enemy Combatant Status

    • The Quirin decision denied a writ of habeas corpus for defendants, upholding their trial by military commission and stating that U.S. citizenship did not exempt Herbert Hans Haupt from consequences as an enemy combatant.
    • Approximately 60 years later, the Supreme Court reaffirmed the holding that the nation could hold its own citizens as enemy combatants, citing the Quirin decision.
    • The detainment of U.S. citizens seized on U.S. soil has been upheld by the courts.
    • Treaty obligations and international law may prevent the U.S. government from declaring mere political opponents of the President as unprivileged enemy belligerents.
    • Declaring mass murderers like Timothy McVeigh and Dylan Root as militarily detainable unprivileged enemy belligerents raises legal and constitutional complexities.
    • The President's and Congress's policy and law on detention, as well as judicial efforts to define the scope of a President's detention authority, are addressed in the subsequent sections.
    • Bush's military order of November 13, 2001 covered members of al-Qaeda and individuals engaged in international terrorism, detaining those with a "reason to believe" they fit the undefined terms, including U.S. citizens.
    • The Department of Defense's view of the military's authority to detain is different and broader, relying on the President's Article II authority and defining "engaging in hostilities" with two prongs.
    • The first prong involves personal actions intended to harm the U.S., while the second prong includes being part of a non-state armed group engaged in hostilities.
    • The DOD claims authority to detain individuals who engage in hostilities but are not entitled to the distinct privileges of combatant status.
    • The claimed authority rests on the President's Article II authority and includes individuals engaged in hostilities against the U.S.
    • The distinction between lawful and unlawful belligerents is complex and involves issues of international law.

    U.S. Citizenship and Enemy Combatant Status

    • The Quirin decision denied a writ of habeas corpus for defendants, upholding their trial by military commission and stating that U.S. citizenship did not exempt Herbert Hans Haupt from consequences as an enemy combatant.
    • Approximately 60 years later, the Supreme Court reaffirmed the holding that the nation could hold its own citizens as enemy combatants, citing the Quirin decision.
    • The detainment of U.S. citizens seized on U.S. soil has been upheld by the courts.
    • Treaty obligations and international law may prevent the U.S. government from declaring mere political opponents of the President as unprivileged enemy belligerents.
    • Declaring mass murderers like Timothy McVeigh and Dylan Root as militarily detainable unprivileged enemy belligerents raises legal and constitutional complexities.
    • The President's and Congress's policy and law on detention, as well as judicial efforts to define the scope of a President's detention authority, are addressed in the subsequent sections.
    • Bush's military order of November 13, 2001 covered members of al-Qaeda and individuals engaged in international terrorism, detaining those with a "reason to believe" they fit the undefined terms, including U.S. citizens.
    • The Department of Defense's view of the military's authority to detain is different and broader, relying on the President's Article II authority and defining "engaging in hostilities" with two prongs.
    • The first prong involves personal actions intended to harm the U.S., while the second prong includes being part of a non-state armed group engaged in hostilities.
    • The DOD claims authority to detain individuals who engage in hostilities but are not entitled to the distinct privileges of combatant status.
    • The claimed authority rests on the President's Article II authority and includes individuals engaged in hostilities against the U.S.
    • The distinction between lawful and unlawful belligerents is complex and involves issues of international law.

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    Description

    Test your knowledge on U.S. citizenship and enemy combatant status with this quiz. Explore legal cases, Supreme Court decisions, and government policies related to the detainment of U.S. citizens as enemy combatants. Delve into the complexities of international law and the President's detention authority.

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