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In contrast to the 1920s, the case for the national origins quota system in the 1950s was not generally argued on the grounds of racial superiority, but on sociological theories of the time relating to cultural assimilation. The implication is that the traditional archetype of common-law process is wrong in detail, because it fails to reflect the bending force which the system applies to facts. For example, with regard to individuals detained at Guantanamo, we explained in a March 13, 2009 habeas filing before the DC federal court --and repeatedly in habeas cases since -- that we are resting our detention authority on a domestic statute – the 2001 Authorization for Use of Military Force (AUMF) – as informed by the principles of the laws of war.
Pages: 1004
Publisher: Gale, U.S. Supreme Court Records (October 26, 2011)
ISBN: 1270049216
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