Understanding the Constitution III: "Enemy Combatant Status"

Understanding the Constitution III: Enemy Combatant Status and Other Claimed Extraordinary Executive War and Emergency Powers since 9-11.

This is the third in a series of classes on the Constitution taught by Stewart Rhodes.

This is a non-partisan class, open to all Americans who want to learn more about the Constitution.

This class turns to the vital topic of the war powers of Congress and the proper role of the executive branch in time of war. Particular focus will be paid to the increased de facto power of the executive branch in times of war and emergency and especially since 9-11-2001.

While Stewart was a student at Yale Law School, he focused his studies on the claimed powers of the president to apply the laws of war to even American citizens, and especially to the claimed power to designate citizens 'enemy combatants' and detain them in military custody without indictment, without jury trial, and without any of the other guarantees of the Bill of Rights. A paper Stewart wrote on this topic won Yale's Judge William E. Miller Prize for best paper on the Bill of Rights and Yale Law School also designated Stewart a Yale Research Scholar and awarded him a grant to support a book project on this topic (which Stewart is writing at this time). Thus, this is the area where Stewart is truly an expert.

Some time will be spent in this class on the original structure and intent of the Founders when it came to war and emergencies, with discussion of how the Constitution already contains ample emergency provisions,which are all interrelated.

Then the class will turn to the tremendously dangerous doctrine of ?enemy combatant status? which really under girds all of the claimed extraordinary powers of the presidency since 9-11, including the claimed power of the NSA to spy on Americans without warrant, the claimed powers to try even citizens by military tribunal, and also the claimed powers to detain without trial, extraordinary rendition, and even claims that the president is free to order torture. Stewart will show how this is a wildly unconstitutional and dangerous doctrine, how it builds on abuses by Lincoln during the Civil War and by FDR during World War II, and how this idea was even proposed for use on Timothy McVeigh and the Militias during the Clinton Administration ? and what is likely to happen in the future when this claimed power is turned inward and expanded to apply to 'domestic' terrorist suspects. Stewart will show how this doctrine relates to recent legislative bills in Congress, such as the Violent Radicalization and Homegrown Terrorism Prevention Act, HR 1955 and S 1959, as well as how it relates to the Military Commissions Act and the PATRIOT Act.

About the Speaker:
Stewart is a graduate of Yale Law School, where he won Yale Miller Prize for best paper on the Bill of Rights. Before attending law school, Stewart served as an Army paratrooper, and worked as a Nevada concealed carry firearms instructor. Stewart currently writes a monthly column for S.W.A.T. Magazine, called Enemy At the Gate,which is dedicated to the Bill of Rights. Stewart also writes for Jews for the Preservation of Firearms Ownership (JPFO) which is America's most aggressive, no compromise gun rights organization. Stewart has taught many classes on a wide range of subjects, including assisting in the teaching of military history at Yale University, and truly loves to teach.