Pace Law Review Volume 26 Issue 2 Spring 2006 Article 2 April 2006 Authenticating American Democracy Kathleen A. Bergin Follow this and additional works at: https://digitalcommons.pace.edu/plr Recommended Citation Kathleen A. Bergin, Authenticating American Democracy, 26 Pace L. Rev. 397 (2006) Available at: https://digitalcommons.pace.edu/plr/vol26/iss2/2 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact
[email protected]. Authenticating American Democracy Kathleen A. Bergin* I. Introduction In Hamdi v. Rumsfeld,1 the Supreme Court outlawed the Executive Branch policy of subjecting alleged "enemy combatants" to indefinite detention without formal charges, access to an attorney, or procedural due process protections. The irony of imposing such restraints while the United States fought to "liberate" the people of Iraq was not lost on Justice O'Connor who reminded us that: "It is during our most challenging and uncertain moments.., that we must preserve our commitment at home to the principles for which we fight abroad.",2 The decision in Hamdi helped repair America's standing in the international community at a time when other nations questioned its commitment to democratic ideals. Hamdi is just one of the many cases decided against a backdrop of extant global insecurity where the Court has measured the constitutionality of domestic governmental practices against international expectations.4 This trend is punctuated by the recent retirement of . Associate Professor of Law, South Texas College of Law, Houston, TX; LL.M., New York University Law School; J.D., University of Baltimore School of Law.