The Accountability of the American Government in the Case of Mr.Padilla

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The Government of the United States, going against Mr.Padilla’s Constitutional rights and not providing him an opportunity to contest the legality of his detention, comprises the value of the Government’s accountability as a law-abiding state. In this particular case, it appears that government officers, including the president, believe that they should be able to do what is against pre-existing laws, if it is necessary to the preservation of the state and its citizens. However, this view raises some serious problems. If committed to a principle Rule of Law, one should never expect the government to act in an illegal way. The Rule of Law refers to “an end state in which all individuals and institutions, public and private, and the state itself are held accountable to the law, which is supreme” (Rule, n.d.). Therefore, the Rule of Law states, that every citizen is subject to the law, including the lawmakers themselves. All government officers of the States, including the president, the Justice of the Supreme Court, and all members of Congress, pledge to uphold the Constitution; affirming that the Rule of Law is superior to the rule of any human leader (Vile, 2006).
Avoiding the conflict between security and civil liberties, by identifying Mr. Padilla as an enemy combatant, comprises the value of the government’s accountability as a law-abiding state. Legal systems operating under the Rule of Law should never have an “off-thebooks” approach to necessity; even the defense of necessity must be justified lawfully (Timmons, ). As stated in the case study, the president labeled Mr.Padilla as “an enemy combatant who poses a serious and continuing threat to the American people and our national security.” However, the president’s attempt ...

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...a: Constitutional Unperson." Seattle Buzz. N.p., 29 Aug. 2005. Web. 28 Mar. 2014. .
Schwartzbach, Micah. "Criminal Defendants' Rights During Trial: The Bill of Rights." Nolo.com. N.p., n.d. Web. 30 Mar. 2014. .
Vile, John . A Comparison to the United States Constitution and Its Amendments. United States of America: Greenwood Publishing Group, 2006. Print.
Weaver, Jay, and Lisa Arthur. "Jose Padilla's Terrorism Trial." MiamiHerald.com | Jose Padilla's Terrorism Trial. N.p., 2007. Web. 28 Mar. 2014.
"7: Rule of Law." United States Institute of Peace. N.p., n.d. Web. 28 Mar. 2014. .

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