Nathan McNichols 10/20/14 1. Title and Citation Hamdi v. Rumsfeld 542 U.S. 507 (2004) http://laws.findlaw.com/US/542/507.html 2. Facts of the Case Yaser Esam Hamdi was captured, during the hostilities ensuing the September 11, 2001 terrorist attacks, in Afghanistan by military forces acting on behalf of the United States. The government of the United States asserted that Hamdi was an “enemy combatant”, and, as such, could be held indefinitely under the provisions of the Authorization of Military
western country. The organization was founded between 1988 and 1989 and its intent was to promote the use of Jihad as a tactic to create profound global instability and allow the implementation of sharia law. In a case similar to Hamdi v. Rumsfeld, the case of Hamdan v. Rumsfeld a former
ICRC. (2014, April 4th). The Geneva Conventions of 12 August 1949. Retrieved from International Committee of the Red Cross: http://www.icrc.org/eng/assets/files/publications/icrc-002-0173.pdf In Boumediene v, Bush, No. 06–1195 (United States Supreme Court December 5th, 2007). In Hamdi v. Rumsfeld, No. 03—6696 (United States Spureme COurt June 28th, 2004). Mortlock, D. (2010, July 1st). Definite Detention: The Scope of the President's Authority to Detain Enemy Combatants. Ebsco Host, pp. 375-404. School
define “military areas” and to exclude anyone from those areas. Korematsu v. the United States was a result of Executive Order 9066 which relocated over 120,000 persons of Japanese descent. Fred Korematsu refused to be relocated and suffered consequences. About 62 years later, the case of Hamdi v. Rumsfeld arises and with it follows the question; has the government learned from their mistakes. Considering that Yaser Hamdi was captured and detained without proper rulings until 2 years after, the public
War powers refers to the powers exercised by Congress or the president during times of war or other crises affecting national security. Article 2, Section 2 of the US Constitution declares that the president is the Commander in Chief of the Army and Navy of the United States. He may direct the military after an official declaration of war from Congress. There is a lot of disagreement and confusion about what exactly the president has the power to do under the Constitution. The purpose of this paper
Another one of the three worst decisions made by the Supreme Court was the decision in of Korematsu v. United States. Aspirationalism was also not used in this case and that shows the dangers of excluding it. Shortly after the bombing of Pearl Harbor, President Roosevelt commanded that all people of Japanese descent living on the west coast be subjected to a curfew. Japanese Americans were restricted by Executive Order No. 9066 and could not be out past 8pm nor before 6am. Following that, Roosevelt
Discussion Ultra Vires Issues Cueto may have a potential claim that the OER’s interpretation of the enabling act and ensuing actions exceeded the authority delegated to the OER by Congress. The OER’s notice of liability refers to Section (3) of the statute, and requires the OER to provide to Cueto “notice of the factual basis for the finding.” However, Cueto may argue that the OER failed to comply with this provision of their own enabling statute. The OER’s notice simply related to Cueto that their
Terrorism has been affecting the world for many years, but most especially since September 11th. Countless amounts of time and money have been spent; many soldiers and American resources have gone out try to stop the problem, but what happens to the terrorists after they have been captured? A basic level of humane treatment needs to be given to all people even those suspected of or convicted of terroristic offences. Using torture to attempt to find more information is not the most helpful or effective