TITLE

SUBORDINATION OF POWERS: Hamdan v. Rumsfeld, 126 S. Ct. 2749 (2006)

AUTHOR(S)
Dealy, Jay D.
PUB. DATE
June 2007
SOURCE
Harvard Journal of Law & Public Policy;Summer2007, Vol. 30 Issue 3, p1071
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article discusses the U.S. Supreme Court's ruling on the Hamdan versus Rumsfeld case. The court ruled that Congress had authorized the President to detain enemy combatants but avoided addressing whether the President had independent authority to do so. The court's opinion showed the inadequacy of the underlying framework for understanding executive authority set out in Youngstown Sheet & Tube Co. versus Sawyer. The arguments behind the court's ruling are mentioned. Background of the case is provided.
ACCESSION #
27874428

 

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