Con law Question. Hamdi v. Rums
Posted: Mon Apr 25, 2011 7:59 pm
Thought I had the rule for this, but apparently not. I though that the case held if a US Citizen is captured on a battlefield then they get at least some due process, and the case implied that a non-us citizen would get at least something based off Geneva, all kind of balanced against if there was some sort or urgent emergency going on that could delay it (like 9/11).
But my prof today in a Q&A said the case held four classifications: 1) US Citizen on foreign soil; 2) US citizen captured on U.S. soil; 3) non-citizen caught on foreign soil; and 4) non-citizen caught on U.S. soil.
So, where is he getting the bit about captured in US, and what status would they get? I assume they would get full due process, but I'm late in the game and hope someone can clear it up for me without me having to reread the whole case. I know that Scalia in his dissent mentioned a non-citizen on foreign soil was potentially beyond the reach of the courts, but don't know why the prof would pull this into the majority opinion. Thanks
But my prof today in a Q&A said the case held four classifications: 1) US Citizen on foreign soil; 2) US citizen captured on U.S. soil; 3) non-citizen caught on foreign soil; and 4) non-citizen caught on U.S. soil.
So, where is he getting the bit about captured in US, and what status would they get? I assume they would get full due process, but I'm late in the game and hope someone can clear it up for me without me having to reread the whole case. I know that Scalia in his dissent mentioned a non-citizen on foreign soil was potentially beyond the reach of the courts, but don't know why the prof would pull this into the majority opinion. Thanks