Detention of Enemy Combatants
The circumstances under which the United States United States
The denial of due process was, unfortunately, an all too common occurrence. In particular, the flawed systems put in place at Guantánamo Bay Naval Base created a legal black hole. There was no meaningful judicial process to determine which detainees could legitimately be held. The Constitution Project’s Liberty and Security Committee has called for investigations into the alleged abuse of individuals at United States
In addition to threatening individual rights, our detention policies have gravely impaired core constitutional doctrines. Detention policies in the aftermath of September 11 provided for unchecked authority for the executive branch without respect for the separation of powers doctrine. Congress and the courts largely were unable or unwilling to provide a meaningful check on the executive branch. In recent years, the Supreme Court has reasserted its role as an independent check by extending habeas rights to Guantanamo
