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"Domestic Unlawful Combatants": A Proposal to Adjudicate Constitutional Detentions

As was perhaps inevitable, the sense of facing an urgent and deadly danger that gripped the country after the events of September 11, 2001 has faded somewhat with the passage of time. With that lessening of an imminent threat to our security, a cycle of recriminations for alleged overreaching in reaction to September 11 has already begun—even though the terror threat remains quite real. This can be seen as an opportunity for sober reflection on some of the more challenging issues presented by the post 9/11 world. Not least among these is the question of how to address the situation of known enemy combatants being present in the United States and, specifically, how to incapacitate them from carrying out domestic terrorist attacks.