DePaul Law Review Volume 53 Issue 2 Winter 2003: Symposium - After Disaster: The September 11th Compensation Article 20 Fund and the Future of Civil Justice A Legal War on Terrorism: Extending New York v. Quarles and the Departure from Enemy Combatant Designations Jeffrey S. Becker Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Jeffrey S. Becker, A Legal War on Terrorism: Extending New York v. Quarles and the Departure from Enemy Combatant Designations, 53 DePaul L. Rev. 831 (2013) Available at: https://via.library.depaul.edu/law-review/vol53/iss2/20 This Comments is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact
[email protected]. A LEGAL WAR ON TERRORISM: EXTENDING NEW YORK V. QUARLES AND THE DEPARTURE FROM ENEMY COMBATANT DESIGNATIONS INTRODUCTION During turbulent times, the United States government has difficulty balancing rights fundamental to all Americans-the rights to life, lib- erty, and the pursuit of happiness.' This Comment examines our gov- ernment's inveterate struggle to preserve its citizens' right to "liberty" while simultaneously protecting their right to "life." Adequately bal- ancing these considerations has proved difficult time and time again. "When conditions are especially turbulent and the general populace perceives a threat to its way of life, the chances of a miscarriage of justice are substantially increased."'2 The storybook of American history is blotched with several in- stances of governmental overreaction during uncertain times.