Legal Article
- Constitutional Due Process for Enemy Combatants under the Military Commissions Act of 2006
The Constitution protects against unjustified detentions by the federal government through the rights of 'habeas corpus' and 'due process.' However, a federal law passed in 2006 strips the right of habeas corpus, and essentially strips the right of due process, for detainees determined to be foreign enemy combatants held at Guantanamo Bay, Cuba. The law is the Military Commissions Act of 2006 and is the subject of several court cases, including Al Odah v. United States which was heard by the Supreme Court in December, 2007. The stated purpose of the Military Commissions Act of 2006 is "To authorize trial by military commission for violations of the law of war, and … more
Area Of Law: Constitutional