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On September 11, 2001, terrorist attacks carried out against the United States would become the catalyst for at least two wars, dozens of new pieces of legislation, the creation of the Department of Homeland Security, and a slew of court cases that would test the boundaries of the Constitution as the nation struggled to find a sense of safety in the post-9/11 world.
Here’s a look at some of the most impactful constitutional cases decided and questions that were posed as a result of 9/11 and the War on Terror.
Hamdi v. Rumsfeld (2004)
This Supreme Court case arose from the detainment of Yaser Hamdi, a U.S. citizen captured in Afghanistan by the U.S. military in 2001. He was declared to be an “enemy combatant” fighting for the Taliban and was sent to the military prison at Guantanamo Bay for indefinite detainment. When it was discovered that he was a U.S. citizen, he was transferred to a military prison in Virginia and his father petitioned the court for his release.
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Increased surveillance: In order to control terrorist activities, the US government increased surveillance in various public places, such as airports, courthouses, and malls. This surveillance was effective against tracking illegal activities, but was also a violation of citizens’ privacy. Also, security checks at various public places were made mandatory as a precautionary measure. The searches of citizens’ persons and property were thorough and detailed, and practically violated the Fourth Amendment, which states that a search cannot be carried out in the absence of probable cause.
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