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Equality in the war on Terror.

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eBook details

  • Title: Equality in the war on Terror.
  • Author : Stanford Law School
  • Release Date : January 01, 2007
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 305 KB

Description

INTRODUCTION Though they often skirt the legal perimeter, the Bush Administration's national security policies are undoubtedly creative. The Administration's inventiveness demands a similar agility from the lawyers challenging these policies, particularly since the federal courts are understandably reluctant to interfere with the Executive in the midst of an armed conflict. While procedural arguments based on the separation of powers have met with some success in the courts, new legislation resulting from new Administration strategies requires a fresh approach. The Equal Protection Clause is a powerful and, thus far, unused arrow in the constitutional quiver. Its greatest utility is that, like the separation of powers claim, it can be styled as an avoidance argument.


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