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Detention of American Citizens as Enemy Combatants
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Editors: Jennifer K. Elsea
Book Description:
This book 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.” The Department of Justice cites two World War II era cases, Ex parte Quirin and In re Territo, to support its contention that the President may order that certain U.S. citizens as well as non-citizens be held as enemy combatants pursuant to the law of war and Article II of the Constitution. Critics, however, question the assertion of executive authority to detain U.S. citizens, without ordinary due process of law, in order to prevent terrorist acts or gather intelligence; and some argue that Congress has prohibited such detention of U.S. citizens when it enacted 18 U.S.C. § 4001. While the Fourth Circuit Court of Appeals has agreed with the Bush Administration that Congress authorized such detentions in its authorization for the President to use force against those he determines are responsible for the September 11, 2001, attacks on the United States, the Second Circuit recently held that Congress has not authorized such detentions.

Table of Contents:
Preface

1. Background

2. Status and Detention of Persons in War

3. U.S..Precedent for Detention of Citizens as Enemy Combatants

4. U.S. Practice Detention of Enemies on U.S. Territory

5. Current "Enemy Combatant" Cases

6. Constitutional Authority to Detantion "Enemy Combatants"

7. The Detention of Enemy Combatants Act

8. Conclusion

References

Index

   Binding: Softcover
   Pub. Date: 2008, 3rd Quarter
   ISBN: 978-1-60456-707-6
   Status: AP
  
Status Code Description
AN Announcing
FM Formatting
PP Page Proofs
FP Final Production
EP Editorial Production
PR At Prepress
AP At Press
AV Available
  
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Detention of American Citizens as Enemy Combatants