Would be a good time for people to review the Hamdi case.
Yes, citizens must be tried in civil court. However, during time of war (invasion, insurrection or rebellion) when civil courts are not able to function, then military courts have jurisdiction. Moreover, during ALL times, enemy combatants, even if citizens, do not have the right to habeas corpus, nor rights to civil trial.
The question is over who determines whether a person is to be considered an enemy combatant. This was explored by Scalia and Thomas in their dissents, particularly by Thomas. That discretionary authority rests in the Executive branch, not the Court. However as Scalia points out, the government cannot just detain anyone, not even an accused enemy combatant, indefinitely. So the government must charge and conduct a trial, whether civil or military.
Would be a good time for people to review the Hamdi case.
Yes, citizens must be tried in civil court. However, during time of war (invasion, insurrection or rebellion) when civil courts are not able to function, then military courts have jurisdiction. Moreover, during ALL times, enemy combatants, even if citizens, do not have the right to habeas corpus, nor rights to civil trial.
The question is over who determines whether a person is to be considered an enemy combatant. This was explored by Scalia and Thomas in their dissents, particularly by Thomas. That discretionary authority rests in the Executive branch, not the Court. However as Scalia points out, the government cannot just detain anyone, not even an accused enemy combatant, indefinitely. So the government must charge and conduct a trial, whether civil or military.