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Constitutional Law

Feb. 14, 2007

Off Base

FORUM COLUMN - By Erwin Chemerinsky - The Bush administration continues to violate the Constitution in Guantanamo and is misusing the author's writings to justify its actions.

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

Forum Column

By Erwin Chemerinsky

Five years after the first detainees were brought to Guantanamo and placed in cages, top Bush administration officials continue to ignore the Constitution and are trying to pressure others to do the same. During a Senate Judiciary Committee hearing Jan. 17, Attorney General Alberto Gonzales proclaimed that the Constitution does not require that a writ of habeas corpus be made available to those imprisoned by the government.

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