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Constitutional Displacement, Timothy Zick

Timothy Zick

This Article examines the largely overlooked intersection between territory and constitutional liberty. Territoriality -- the attempt to affect, influence, or control people, phenomena, and relationships by delimiting and asserting control over a geographic area -- affects constitutional liberty in profound ways. The effects have been apparent in certain infamous historical episodes, including the hyper-territoriality of racial segregation, the internment of Japanese-Americans during World War II, and isolation of the sick and mentally ill. Today, governments are resorting to territorial restrictions in an increasing number of circumstances, including the detention of enemy combatants at Guantanamo Bay, the expulsion of illegal immigrants …