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Guantanamo Bay Essay

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Guantanamo Bay Essay
Especially in recent Years there has been great concern Over the Detention center in Guantanamo Bay. One of the main questions that are being asked is whether or not the detention at Guantanamo bay Is unconstitutional. One other key Point that has been raised in the possible closing of Guantanamo bay is where will the detainees go if it is closed. In order to better understand the reasoning behind this detention we must look at the reason for the detention in the first place. For the detainees that are being kept on Guantanamo bay They are there do to being identified as enemies of the united states who had engaged in some way with terrorist organizations. After their arrival in Guantanamo bay, the detainees would be Interrogated. Some Detainees …show more content…
One of the Points that is stated is that since the Facility is outside of the United States of America. The U.S Court system as no say in the treatment of the detainees there. When The Bush administration was in office it was stated that the terrorist would be tired by “military tribunals, created by executive order.” One would also have to be Detained for thirty months Prior to being granted one of the tribunals. There were Lawyers who despite the thought that since it was outside the Power of the court system that petitioned for relief from the government for some detainees. Congress May have actually surpassed the constitutional authority granted to them in the constitution by the limitations it imposed on the executive branch, especially in the state that the country was in with conflicts around the globe. When it comes to actually determining if these restrictions were unconstitutional or not the one place that must be examined is obviously the constitution, which grants Power to regulate detainees that have been captured as part of an armed conflict to the executive branch. At the the time it originated With Bush in office This would have met that the 30 month detention was constitutional before the tribunal could occur.( )However in the same respect the executive order to Close Guantanamo bay Could also be considered to be constitutionally sound as well. This is because the fact that it is holding war criminals the facility operates under war

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