Number: RS21884
Title: The Supreme Court and Detainees in the War on Terrorism: Summary and Analysis of Recent Decisions
Authors: Jennifer K. Elsea, American Law Division 
Abstract: The Supreme Courts decisions in Rasul, Hamdi, and Padilla affirm the Presidents power to detain enemy combatants as part of the necessary force authorized by Congress after the terrorist attacks of September 11, 2001, but approved a more limited scope of that authority than the President had asserted, and clarified that detainees have due process rights under the Constitution. For more, see CRS Report RL31367, Treatment of 'Battlefield Detainees' in the War on Terrorism, and CRS Report RL31724, Detention of American Citizens as Enemy Combatants.
Pages: 6
Date: July 12, 2004