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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?

To: D. Long who wrote (171677)	6/29/2006 11:29:16 PM
From: carranza2	Respond to of 793928

Eisentrager makes clear that the denial of access to our courts by enemy aliens held outside the territorial limits of the US is a jurisdictional bar. Centuries of jurisprudence down the tubes without so much as a fare-thee-well. In this sense, a bad decision. I'm changing my assessment that the Hamadan case is no big deal. Can you imagine the legal burden on our system should we capture a substantial number of AQ fighters? From Eisentrager: But the nonresident enemy alien, especially one who has remained in the service of the enemy, does not have even this qualified access to our courts, for he neither has comparable claims upon our institutions nor could his use of them fail to be helpful to the enemy. Our law on this subject first emerged about 1813 when the Supreme Court of the State of New York had occasion, in a series of cases, to examine the foremost authorities of the Continent and of England. It concluded the rule of the common law and the law of nations to be that alien enemies resident in the country of the enemy could not maintain an action in its courts during the period of hostilities. Bell v. Chapman, 10 Johns. (N. Y.) 183; Jackson v. Decker, 11 [339 U.S. 763, 777] Johns. (N. Y.) 418; Clarke v. Morey, 10 Johns. (N. Y.) 70, 74-75. This Court has recognized that rule, Caperton v. Bowyer, 14 Wall. 216, 236; Masterson v. Howard, 18 Wall. 99, 105, and followed it, Ex parte Colonna, 314 U.S. 510 , and it continues to be the law throughout this country and in England. 8