War by Legislation: The Constitutionality of Congressional Regulation of Detentions in Armed Conflicts
In this essay, Ford considers provisions of the 2016 National Defense Authorization Act (NDAA) which place restrictions on the disposition of detainees held in Guantánamo Bay. These provisions raise substantial separation of powers issues regarding the ability of Congress to restrict detention operations of the Executive. These restrictions, and similar restrictions found in earlier NDAAs, specifically implicate the Executive's powers in foreign affairs and as Commander in Chief. Ford concludes that, with the exception of a similar provision found in the 2013 NDAA, the restrictions are constitutional.
Christopher M. Ford,
War by Legislation: The Constitutionality of Congressional Regulation of Detentions in Armed Conflicts,
Nw. U. L. Rev.
Civil Rights and Discrimination Commons, Conflict of Laws Commons, Constitutional Law Commons, Criminal Law Commons, Criminal Procedure Commons, International Humanitarian Law Commons, International Law Commons, Jurisdiction Commons, National Security Law Commons, President/Executive Department Commons