Claremont Institute

Separation of Powers

Hamdi v. Rumsfeld (2004)

Whether the president can indefinitely detain a United States citizen captured overseas as an enemy combatant and hold him without access to judicial due process.

Bond v. United States (2014)

On the question of justiciability, whether a person indicted for violating a federal statute has standing to challenge the law on grounds that Congress exceeded its powers under the Constitution, intruding upon the sovereignty and authority of the states in violation of the 10th Amendment. The Supreme Court ruled on this issue in the first Bond case in 2011. On the question of the merits of the case, whether a federal statute, enacted by Congress to implement an international treaty, can be used to charge American citizens with what otherwise would be purely local crimes. In other words, whether the president, in exercising his power to make treaties with the consent of the Senate, can increase Congress’s enumerated powers to legislate on domestic matters. The Court ruled on this issue in the second Bond case in 2014.