University of Michigan Law School
Civil Rights Litigation Clearinghouse
Title "Hamdi v. Rumsfeld: Judicious Balancing at the Intersection of the Executive's Power to Detain and the Citizen-Detainee's Right to Due Process"
Date Spring 2005
Author James B. Anderson
Author Institution Northwestern
Author Role Faculty
External Link https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=7193&context=jcl...
Abstract In Hamdi v. Rumsfeld, the United States Supreme Court held that a
citizen detained by the Government as an enemy combatant is entitled
under due process to a meaningful opportunity to contest the facts
underlying his detention before a neutral decision-maker.2 The Supreme
Court examined whether the Executive possessed the power to indefinitely detain United States citizens captured abroad in the midst of the War on Terror and labeled "enemy combatants" without a hearing.3 In finding that such a citizen-detainee was entitled to some form of impartial hearing pursuant to the Due Process Clause, the Court vacated and remanded the Fourth Circuit's decision allowing detention based on an extremely limited showing of evidence.
Source Journal of Criminal Law and Criminology
Citation James B. Anderson, Hamdi v. Rumsfeld: Judicious Balancing at the Intersection of the Executive's Power to Detain and the CitizenDetainee's Right to Due Process, 95 J. Crim. L. & Criminology 689 (2004-2005)


This Resource Relates To
case Yaser Esam Hamdi v. Rumsfeld (NS-VA-0005)

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