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Constitutional Law • Procedural Due Process
CONLAW#097
Legal Definition
Subsequent notice and a meaningful opportunity to contest factual basis for detention before a neutral decision maker.
Plain English Explanation
In national security cases, the government claims power to detain U.S. citizens as unlawful combatants without the normal due process protections. This raises civil liberties concerns.
To balance security needs with liberty, the law requires that after detaining a citizen as an enemy, the government must promptly notify them of the detention and give them a fair hearing. At the hearing, they can contest the facts and basis for their detention before a neutral judge.
This ensures the citizen gets a meaningful chance to argue against their classification as an enemy combatant. They can present evidence demonstrating innocence or no direct involvement in hostilities against the U.S.
To balance security needs with liberty, the law requires that after detaining a citizen as an enemy, the government must promptly notify them of the detention and give them a fair hearing. At the hearing, they can contest the facts and basis for their detention before a neutral judge.
This ensures the citizen gets a meaningful chance to argue against their classification as an enemy combatant. They can present evidence demonstrating innocence or no direct involvement in hostilities against the U.S.
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