LAW 5021 Lecture Notes - Lecture 6: Slaughter-House Cases, Jim Crow Laws, Equal Protection Clause
23 Feb 2017
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Xvi: the terrorism cases: executive detention, military tribunals, and habeas. Court decisions- part of ongoing conversation between president and congress on how to fight terrorism-- dialogue between 3 branches envisioned by framers. What is an enemy combatant (lawful vs. unlawful): hamdi v. rumsfeld (2004) detention. Prisoner of war ( lawful combatant) gets a lot of procedural protection. Unlawful- not state actors- hence no law war or criminal defense protection. Major concern (hence purpose of detention)- to prevent person from returning to the battlefield. O"connor- we are not sure about enemy combatant either. It is not an issue that hamdi was in afghanistan with enemy forces. Mobbs just signs an affidavit (which is relevant, but that it is it). Due process: 1) substantive content; 2) procedural ramification-- use balancing test. You have to have: notice of why you were detained, opportunity for rebuttal. Yes, because individual rights are at stake (all three branches have a role).
