| Description: | This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. The report addresses the constitutional and statutory sources that arguably provide authority for the detention of enemy combatants, as well as those that may prevent the exercise of that power with respect to U.S. citizens. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain is necessarily implied by an authorization to use force. Finally, the report briefly analyzes the Detention of Enemy Combatants Act, H.R. 1029, which would authorize the President to detain U.S. citizens and residents who are determined to be “enemy combatants” in certain circumstances. |
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| Creation Date: | January 30, 2003 |
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UNT Libraries Government Documents Department
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| Collection(s): |
Congressional Research Service Reports
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| Usage: |
Total Uses: 8
Past 30 days: 0
Yesterday: 0
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| Publisher Info: |
Publisher Name: Congressional Research Service, Library of Congress
Place of Publication: Washington D.C., USA
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| Original Creation Date: | January 30, 2003 | |
| Description: | This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. The report addresses the constitutional and statutory sources that arguably provide authority for the detention of enemy combatants, as well as those that may prevent the exercise of that power with respect to U.S. citizens. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain is necessarily implied by an authorization to use force. Finally, the report briefly analyzes the Detention of Enemy Combatants Act, H.R. 1029, which would authorize the President to detain U.S. citizens and residents who are determined to be “enemy combatants” in certain circumstances. |
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| Physical Description: |
46 pages. |
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| Partner: |
UNT Libraries Government Documents Department
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| Collection: |
Congressional Research Service Reports
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| Resource Type: | Text | |
| Format: | Text | |
