Abstract

The War Against Terrorism has put into issue two tenets of the American constitutional tradition. The first denies the government the power to imprison anyone unless that person is charged with a crime and swiftly brought to trial. The other requires the government to abide by the Constitution’s restrictions on its power no matter where or against whom it acts. This article, based on the 2005 H.L.A. Hart lecture, examines the Supreme Court’s first encounter with the Administration’s conduct of the War Against Terrorism and explains how the Supreme Court’s rulings badly compromised these foundational principles