After the September 11, 2001 attacks, the president was given the power to detain enemy combatants whom were against the United States. An enemy combatant is an “individual who, under the laws and customs of war, may be detained for the duration of an armed conflict”. The case Hamdi v. Rumsfeld 542 U.S. 507 has had an important impact on society. In Hamdi v. Rumsfeld 542 U.S. 507 the case focuses on an individual’s constitutional rights. The main arguments involving the case are: If the government violated Hamdi’s 5th amendment right and 14th amendment right to due process by holding him without allowing him access to an attorney. This was done only on the basis of the executive branch’s power to declare Hamdi as an enemy combatant and to lawfully make decisions during wartime. …show more content…
The 14th amendment states: “the Constitution was ratified on July 9, 1868, and granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed. In addition, it forbids states from denying any person "life, liberty or property, without due process of law" or to "deny to any person within its jurisdiction the equal protection of the laws.” By directly mentioning the role of the states, the 14th Amendment greatly expanded the protection of civil rights to all Americans and is cited in more litigation than any other