About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



61 Wm. & Mary L. Rev. Online 1 (2020)

handle is hein.journals/willmaon61 and id is 1 raw text is: 











              William & Mary

           Law Review Online

 VOLUME 61                                         No. 1, 2020








 BLACK FLAGS BEHIND BARS: DOE V. MATTIS AND WHY
 THE   2001 AUMF  DOES   NOT JUSTIFY   THE  DETENTION OF
          U.S.-CITIZEN  ISLAMIC  STATE   FIGHTERS


                     JOHN  A. GURTUNCA*


                            NOTE


                     TABLE  OF CONTENTS

INTRODUCTION  ........................................     . 3
I. LEGAL FRAMEWORK  FOR THE DETENTION  OF U.S.-CITIZEN
  ISLAMIC STATE FIGHTERS AS ENEMY  COMBATANTS........... 9
  A. Constitutional Authority to Detain Citizens as Enemy
     Com batants ......................................    . 9
  B. The Government's Statutory Authority to Detain
     Citizens as Enemy Combatants ......................   11


   * J.D. Candidate, 2020, William & Mary Law School; B.S.B.A., Finance, 2017,
University of Pittsburgh. Thank you to the entire William & Mary Law Review staff,
particularly the Law Review Online team, for their hard work and excellent input in
preparing this Note for publication. Thank you also to my Notes Editor, Eric Lynch, for his
invaluable advice and guidance during the drafting process. Finally, thank you to my family
and friends, whose support and counsel are invaluable to all my endeavors.


1