Detention of American citizens as enemy combatants

Resource Information

The work Detention of American citizens as enemy combatants represents a distinct intellectual or artistic creation found in University of Missouri Libraries. This resource is a combination of several types including: Work, Language Material, Books.

Label

Detention of American citizens as enemy combatants

Statement of responsibility

Jennifer K. Elsea

Creator

• Elsea, Jennifer

Contributor

• Library of Congress, Congressional Research Service

Subject

• Civil rights
• Civil rights -- United States
• Detention of persons
• Detention of persons -- United States
• Noncitizens -- United States -- Government policy
• Terrorists
• Terrorists
• United States
• Aliens -- Government policy

Language

eng

Summary

The Supreme Court in 2004 issued three decisions that 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 decision-maker 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 analyzes the authority to detain American citizens who are suspected of being members, agents, or associates of Al Qaeda, the Taliban and possibly other organizations as "enemy combatants."

Member of

• CRS report for Congress, RL31724

Cataloging source

SNM

Government publication

federal national government publication

Index

no index present

LC call number

HV8079.T47

LC item number

E48 2005eb

Literary form

non fiction

Nature of contents

bibliography

Series statement

CRS report for Congress

Series volume

RL31724