Detention of American Citizens as Enemy Combatants
Abstract
The Supreme Court in 2004 issued three decisions related to the detention of "enemy combatants," including two that deal with U.S. citizens in military custody on American soil. In Hamdi v. Rumsfeld, a plurality held that a U.S. citizen allegedly captured during combat in Afghanistan and incarcerated at a Navy brig in South Carolina is entitled to notice and an opportunity to be heard by a neutral decisionmaker regarding the government's reasons for detaining him. The Court in Rumsfeld v. Padilla overturned a lower court s grant of habeas corpus to another U.S. citizen in military custody in South Carolina on jurisdictional grounds. The decisions affirm the President s powers to detain "enemy combatants," including those who are U.S. citizens, as part of the necessary force authorized by Congress after the terrorist attacks of September 11, 2001. However the Court appears to have limited the scope of individuals who may be treated as enemy combatants pursuant to that authority, and clarified that such detainees have some due process rights under the U.S. Constitution. This report, which will be updated as necessary, analyzes the authority to detain American citizens who are suspected of being members, agents, or associates of Al Qaeda, the Taliban and possibly other terrorist organizations as "enemy combatants."
Document Details
- Document Type
- Technical Report
- Publication Date
- Mar 31, 2005
- Accession Number
- ADA462486
Entities
People
- Jennifer K. Elsea
Organizations
- Library of Congress