Few legal issues are more controversial today than the scope of the President's authority to detain individuals as enemy combatants. Although that enormous power is described nowhere in the Constitution, it was "the practice of our own military authorities before the adoption of the Constitution."1 The Supreme Court has validated such detention as an "important incident to the conduct of war,"2 even a "fundamental incident of waging war."3 Its purpose is "to prevent captured individuals from returning to the field of battle and taking up arms once again."
ENEMY COMBATANTS AN
Pages to are hidden for
"ENEMY COMBATANTS AND A CHALLENGE TO THE SEPARATION OF WAR POWERS IN Al-Marri v. Wright, 487 F.3d 160 (4th Cir. 2007)"Please download to view full document