Under the Lens of the Constitution: The NDAA's Detainee Provisions and the Fifth Amendment's Guarantee of Equal Protection

Authors

Stephen Consuegra

First Page

105

Document Type

Comment

Abstract

The crux of this article discusses Congress's passage of the unequal detainee provisions under the NDAA and its equal protection issues under the Fifth Amendment to the Constitution. Part II begins with a discussion on the impetus for congressional passage of the Authorization for Use of Military Force ("AUMF") and its development under the laws of war. Next, Part III analyzes United States Supreme Court precedent that previously interpreted the scope of presidential power under the AUMF and explores its implications for purposes of understanding the NDAA's detainee provisions. Part IV follows with a discussion on the NDAA's detainee provisions, while Part V addresses the Fifth Amendment equal protection issues surrounding the detainee provisions. Part VI concludes the discussion and proposes heightened judicial scrutiny to assess the enacted detainee provisions within the NDAA.

Recommended Citation

Stephen Consuegra, Under the Lens of the Constitution: The NDAA's Detainee Provisions and the Fifth Amendment's Guarantee of Equal Protection, 25 St. Thomas L. Rev. 105 (2012).
Available at: https://scholarship.stu.edu/stlr/vol25/iss1/6