Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Constitutional Limits On Extraterritorial Jurisdiction: Terrorism And The Intersection Of National And International Law, Anthony J. Colangelo
Constitutional Limits On Extraterritorial Jurisdiction: Terrorism And The Intersection Of National And International Law, Anthony J. Colangelo
Faculty Journal Articles and Book Chapters
This Article addresses the possible constitutional limits on the ability of the United States to project and apply extraterritorially its criminal laws and, in particular, its anti-terror laws. Although plainly central to exceedingly urgent and important issues presently facing the United States, this topic has been under-treated in academic commentary and muddled in the courts. Yet its analysis pits U.S. sovereignty and prevailing efforts to combat dangerous criminal activity beyond our borders squarely against principles of limited government and individual rights: What sources of lawmaking authority empower Congress to project U.S. law abroad? Does the Constitution protect individual defendants against …