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- Title
THE NATIONAL DEFENSE AUTHORIZATION ACT AND THE UNBOUND AUTHORITY TO DETAIN: A CALL TO CONGRESS.
- Authors
HAMMOND, KATE
- Abstract
The article focuses on the need of the U.S. Congress to address the concerns related to the scope of the executive's detention authority under the U.S. National Defense Authorization Act 2012. It informs that the language used by the Congress in the Act fails to appropriately restrict the executive's military detention authority. It concludes that the Congress should restrict the authority because executives may expand or contract the scope of the authority and the courts have always supported a broad interpretation of the authority. It informs that the Congress should redefine the class of persons that an executive can detain in conjugation with the law of armed conflict and the reasons for detention.
- Subjects
UNITED States; UNITED States. Congress; AUTHORITY; NATIONAL security; MILITARY detainees; IMPRISONMENT -- Law &; legislation; IMPRISONMENT; COURTS; EXECUTIVES; WAR laws; DETAINERS (Criminal procedure)
- Publication
Southern California Interdisciplinary Law Journal, 2012, Vol 22, Issue 1, p193
- ISSN
1077-0704
- Publication type
Article