Military Tribunals and Civil Liberties in Time of National Peril: A Legal and Historical Perspective

Publication Date


Document Type

Book Chapter

Organizational Units

Sturm College of Law


Civil liberties, National security, Military tribunals, Law of war


National security legislation following Sept. 11, 2001 raises questions about the legality and subject matter jurisdiction of military tribunals, commissions, and courts. Concerns have also been raised about the constitutionality of such courts and the extent to which they might undermine civil liberties. The purpose of this chapter is to examine the underlying constitutional and statutory authority for such tribunals and examine their compatibility with the civil liberties guaranteed by the U.S. Constitution.

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