Learning Gateways

Lesson Documents
Individual Rights in Times of War

Students examine the following documents in small groups in the lesson “Individual Rights in Times of War.

Civil War Suspension of the Writ

President Lincoln’s Executive Order Suspending Habeas Corpus-September 24, 1862. After clicking on the link on this site, you will be redirected to the Justice Learning Web site. Select “Interactive Timeline” and the timeline issue “Civil Liberties in Wartime.” Scroll to September 24, 1862. Print or view the proclamation online.
“Highly Important from Washington,” The New York Times October 22, 1862. After clicking on the link on this site, you will be redirected to the Justice Learning Web site. Select “Interactive Timeline” and the timeline issue “Civil Liberties in Wartime.” Scroll to September 24, 1862. Print or view the article online.
Ex Parte Milligan, 71 U.S. 2 (1866), decided April 3, 1866. After clicking on the link, you will be redirected to the Oyez Web site. Review questions presented and decision summary. Advanced readers can select the full text of the opinion.
Ex Parte Merryman, 17 F. Cas. 144 (1861). You will be redirected to the Teaching American History Web site. View online or print a copy of Chief Justice Taney’s decision.

World War II Internment

President Roosevelt’s Executive Order 9066, February 15, 1942. You will be redirected to the Our Documents Web site, a cooperative effort among National History Day, The National Archives and Records Administration, and USA Freedom Corps. View or download a .pdf of the order, and read more about it.
“800 West Coast Japanese Go to Enemy Camps As Army Maps Widened 'Prohibited' Zone,” The New York Times, February 24, 1942. After clicking the link, you will be redirected to the Justice Learning Website. Select “Interactive Timeline” and the timeline issue “Civil Liberties in Wartime.” Scroll to February 15, 1942. Print or view online.
Hirabayashi v. United States, 320 U.S. 81 (1943). After clicking on the link, you will be redirected to the Oyez Web site. Review questions presented and decision summary. Advanced readers can select the full text of the opinion.
Korematsu v. United States, 323 U.S. 214 (1944). After clicking on the link, you will be redirected to the Oyez Web site. Review questions presented and decision summary. Advanced readers can select the full text of the opinion.
“Upholds DeWitt Evacuations,” The New York Times, December 3, 1943. After clicking the link, you will be redirected to the Justice Learning Website. Select “Interactive Timeline” and the timeline issue “Civil Liberties in Wartime.” Scroll to December 18, 1943. Print or view online.
“High Court Backs Japanese Curfew,” The New York Times, June 22, 1943. After clicking the link, you will be redirected to the Justice Learning Website. Select “Interactive Timeline” and the timeline issue “Civil Liberties in Wartime.” Scroll to December 18, 1943. Print or view online.

The War on Terror

Detainee Treatment Act of 2005. After clicking on the link you will be redirected to the Council on Foreign Relations Web site. View or print a brief summary of the law or the full text. (See Law Review below, as well.)
President Bush’s Military Order, November 13, 2001. After clicking on the link on this site, you will be redirected to the Justice Learning Web site. Select “Interactive Timeline” and the timeline issue “Civil Liberties in Wartime.” Scroll to November 13, 2001. View online or print.
Authorization for Use of Military Force, September 18, 2001. You will be redirected to the Avalon Project Web site at Yale University.
“Bush Sets option of Military Trials in Terrorist Cases,” The New York Times November 14, 2001. After clicking the link, you will be redirected to the Justice Learning Website. Select “Interactive Timeline” and the timeline issue “Civil Liberties in Wartime.” Scroll to November 13, 2001.. Print or view online the New York Times article.
Rasul v. Bush, 542 U.S. 466 (2004). After clicking on the link, you will be redirected to the Oyez Web site. Review questions presented and decision summary. Advanced readers can select the full text of the opinion.
Law Review, “Can Enemy Combatants be Tried by Military Commissions” by James H. Landman.

Please Note: Many of these documents are provided courtesy of Justice Learning. Justice Learning is an issue-based Web site that uses audio from the Justice Talking radio show and articles from the New York Times to engage students in issue-based political discourse.