HAMDI V. RUMSFELD Name of case: Hamdi v. Rumsfeld Date decided: June 24‚ 2004 Summary (facts) of case: Hamdi v. Rumsfeld was case brought to the United States which began in April 28‚ 2004. Hamdi was born in 1980. Originally residing in Louisiana where he was born‚ making him a United States citizen‚ he later moved with his family to Saudi Arabia. At the age of twenty Hamdi traveled for his first time
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Hamdi v. Rumsfeld Yaser Esam Hamdi‚ an American citizen‚ was captured in Afghanistan shortly after the terrorist attacks of September 11th. Hamdi was classified as an “enemy combatant” by the United States. His father filed a petition of Habeas Corpus that his fifth and fourteenth amendments were in violation. Although the petition did not specify on the actual circumstances of Hamdi’s capture and detention‚ the record indicated that Hamdi went to Afghanistan to do “relief work” less than two
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One defining case in this history of torture laws is that of Hamdi V. Rumsfeld (2002) and Hamdan V. Rumsfeld (2006). Both of these cases involved former detained individuals at Guantanamo Bay‚ one of the aforementioned secret prisons. In Hamdi V. Rumsfeld‚ the legality of indefinite detention and suspension of Habeas Corpus for “enemy combatants” was questioned. The only decision that SCOTUS was able to rest on was the Executive Branch does not have the power to hold a U.S. citizen indefinitely without
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Kevin C March 26‚ 2013 US History I Honors Boumediene v. Bush The United States is a free country that was forged out of the tyrannical English Monarchy. Thomas Jefferson wrote that “All men are created equal‚ that they are endowed by their Creator with certain unalienable rights” (Declaration of Independence). Those rights are represented in the United States Constitution which is the foundation which strongly upholds American ideals and beliefs. Although the Constitution does not always
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After the tragedy of September 11‚ 2001‚ President George W. Bush used his powers as Commander in Chief and established a means to prevent future terrorist attacks against the United States. On November 13‚ 2001‚ Bush issued a military order (M.O.) which allowed the President’s to “identify terrorists and those who support them” and bring them to justice by way of “military tribunals.” President Bush argues that it is his duty to “protect the United States and its citizens.” The M.O. makes
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Final Exam Case Brief Padilla v. Kentucky The question here is whether or not the petitioner‚ Jose Padilla‚ will be deported on account that he had plead guilty to a crime but allegedly had his sixth amendment right violated. There are multiply issues here. The first issue here is Padilla plead guilty to a drug offense that took place in the United States. The second issue is he claims his counsel did not inform him about the consequences of his plea bargain and he was misinformed about the possibility
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The Secret Weapon in the War on Terror The Geneva conventions are a set of rules that seek to protect those who are not taking part in hostilities‚ this includes prisoners of war. Prisoners of war often suffer from cruel punishment for information. Governments worldwide have went against the Geneva Conventions in order to torture suspected people of interest. The torturing of detainees continues to be a social issue in America because of the failure to define torture‚ the lack of information on
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1017/S1744552311000085 BOUMEDIENE v. BUSH. The Oyez Project at IIT Chicago-Kent College of Law. 30 January 2013. http://www.oyez.org/cases/2000-2009/2007/2007 06 1195 Staab‚ J. B. (2008). The war on terror ’s impact on habeas corpus: The constitutionality of the military commission’s act of 2006. Journal of the Institute of Justice and International Studies‚ (8)‚ 280-297. Retrieved from http://search.proquest.com/docview/213962970?accountid=32521 Pond‚ B. C. (2009). Boumediene v. bush: Habeas corpus‚ exhaustion
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References: Ekeland‚ T. (2005). Suspending habeas corpus: Article I‚ section 9‚ clause 2‚or the United States Constitution and the war on terror. Retrieved from http://ir.lawnet.fordham.edu/flr/vol74/iss3/11 Factsheet: Boumediene v. bush/al odah v. u.s. (n.d.). Retrieved from http://ccrjustice.org/learn-more/faqs/factsheet-boumediene Greenhouse‚ L. (2008‚ June 13). Justices‚ 5-4‚ back detainee appeals for Guantanamo. The New York Times. Retrieved from http://www.nytimes.com/2008/06/13/washington/13scotus
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as the "great writ of liberty" in both the English and American constitutional traditions.) c. Boumediene v. Bush summary. Oyez. (2008). Boumediene v. Bush. IIT Chicago-Kent College of Law. Retrieved from http://www.oyez.org/cases/2000-2009/2007/2007_06_1195 (This brief article summarizes the facts and legal questions related to habeas corpus in the Supreme Court case of Boumediene v. Bush.) 4. Watch the following videos: a. Writ of Habeas Corpus. Films on Demand. (2006). Writ of habeas
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