Cornell Law Review Volume 91 Issue 2

Hamdi’s Habeas Puzzle: Suspension as Authorization?

Cases involving the executive detention of individuals outside the criminal justice system implicate the “historical core” of the write of habeas corpus.  Yet there persists in this area a remarkable amount of uncertainty and disagreement over fundamental questions concerning the nature of habeas corpus and its place in our constitutional system.  The phenomenon is especially evidence in the “enemy combatant” cases from the Supreme Court’s 2003 Term.

 

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