Following the attacks of September 11, 2001 by al Qaeda, the United States
captured hundreds of persons and designated them "enemy combatants." Under this
policy, the President determines who is an enemy combatant and places them in
military detention without charges or access to an attorney. Most enemy
combatants were captured in Afghanistan and are not American citizens. However,
in 2002, U.S. citizen Jose Padilla was detained at O'Hare International Airport
and was subsequently designated by the President as an enemy combatant. Padilla
allegedly plotted to detonate a "dirty" nuclear bomb. Recently, Padilla's
status was changed without explanation, and he now faces federal felony charges.
This unit gives an overview of some of the issues relating to enemy combatants.
It reviews some of the powers of Presidents during wartime, the rights of
citizens here in the United States, and the ways the U.S. Supreme Court has
tried to balance individual freedoms with national defense. And it presents a
discussion model called "structured academic controversy" for exploring the
facts, arguments, and options surrounding these issues.
Focus Question
Should the President have the power to seize U.S. citizens in civilian settings
whom he identifies as 'enemy combatants' and hold them in military detention
without criminal charge or trial until they are brought before a neutral
decisionmaker who will determine whether this designation is true?
Objectives
Understand the constitutional background and legal history of habeas corpus in
the United States and the powers of the President during wartime.
Learn the facts relating to the treatment of U.S. citizens and foreign
nationals identified and detained by the President as enemy combatants since
the attacks of September 11, 2001.
Identify the arguments-constitutional, historical, and political-in favor and
in opposition to the President detaining U.S. citizens as enemy combatants.
Introduce "structured academic controversy," a model for deliberating
controversial issues.
Materials
Reading: Enemy Combatants
Glossary: Enemy Combatants and Other Terms
Source: Presidential Determination of Jose Padilla as an Enemy Combatant
Activity: Who Is an "Enemy Combatant"?
Handout: Who Is an "Enemy Combatant" Case Files
Worksheet: Determining Who Is an Enemy Combatant
Last updated: June 27, 2006
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