Dear Students
Thank you for your attention tonight: tomorrow is Ross and Jones.
Focus Questions:
1) Predator Drone Strikes in Afghanistan: Legal?
a) Against non-citizens?
b) Against citizens?
2) Guantanamo
a) Against non-citizens?
b) Against citizens?
c) forced feedings?
Legal Questions:
1) Does the public law instrument apply in domestic law?
2) Can the public law instrument be invoked by a private person?
Tonight we tried to figure out whether Haji in Guantanmo has any rights at all. We will be returning to these hypothetical questions because they help us to structure our thinking.
The applicability of the U.S. Constitution
a) Overseas
b) to non-citizens
are both open questions. These are not areas of well settled law. They are current questions and this is why we focus on them. The case constellations are memorable and also force one to organize one’s own thoughts on these unsettled questions.