ipl-logo

Hamdi Vs Rumsfeld Case Study

1320 Words6 Pages

The decision of the Supreme Court case Hamdi v. Rumsfeld was important in deciding the amount of power the United States’ government has during wartime and national crises. The case debated between actions necessary in order to protect the nation and the guaranteed rights and liberties granted by the 5th and 14th Amendments in the United States Constitution. Specifically, the case was set to discuss whether a United States citizen, accused of treason as an “enemy combatant,” had the right of due process of law guaranteed by the constitution (O’Connor, 2004). These Amendments are placed to protect each citizen’s civil liberties. Yaser Esam Hamdi was a United States citizen, born in Louisiana, yet lived in Saudi Arabia. Hamdi was said to have …show more content…

Several previous Supreme Court cases have dealt with war prisoners held in Guantanamo Bay and their rights to file writ of habeas corpus petitions. One of which is a landmark case that also was decided on in 2004. Rasul v. Bush ended with the Court ruling that prisoners held Guantanamo Bay had the right to file these petitions in order to challenge their imprisonment. Hamdi v. Rumsfeld was also used as a precedent for several future cases. In Hamdan v. Rumsfeld, Hamdan was also labeled as an enemy combatant and was given the right to object his detainment through the 5th Amendment Due Process clause (“Rasul v. Bush,” 2006). The impact left by Hamdi v Rumsfeld also affected the case of Bounmediene v. Bush in 2006. This case, once again, involved the claiming that an individual was against the United States in arms and labeled an enemy combatant. Bounmediene and a few other men were captured in a plot to attack the United States Embassy and imprisoned in Guantanamo bay where a writ of habeas corpus petition was filed. Just as the writ petition suspension was deemed unconstitutional for Hamdi, it was said to be unconstitutional in this case as well affirming that most prisoners held at Guantanamo bay had the liberty to file for the petition (“Bounmediene v. Bush,”

Show More
Related

Pros And Cons Of Closing Gitmo

2114 Words | 9 Pages

Over the past fourteen years, approximately 779 men suspected of terrorism have been detained at the Prison for Alleged Terrorists at the United States Naval Base, Guantanamo, Cuba. Now, only eighty men remain. A highly controversial debate surrounding this camp is whether or not closing Gitmo – as the prison came to known – is justifiable and whether or not it should be done. There is one simple answer to this argument. The closing of the Prison for Alleged Terrorists is not justifiable, or reasonable, and therefore should not be done.

Read More

The Patriot Act Of 2001 Pros And Cons

535 Words | 3 Pages

At point in the United States, everyone had their day in court. They were innocent until proven guilty and their rights to life, liberty, the pursuit of happiness, and the United States Constitution were honored. Then it all changed. On the morning of September 11, 2001, The United States was attacked in New York and Washington D.C. where over 3,000 innocent Americans died at the hands of terrorists who preached a message of death to the west. It was then that the United States collectively agreed to send troops into the Middle East and engage in what would be known as the longest have been more numerous throughout the world.

Read More

Abraham Lincoln Suspension Of Strangeness

2246 Words | 9 Pages

Introduction While the expression that “War makes strange bedfellows” might be accurate, it is however incomplete. Perhaps it would have been better for “War makes for strangeness to have been the expression and, perhaps, this is best viewed through the lens of the legal difficulties faced by those in charge of a nation at war. War places an executive in the difficult situation of balancing the safety and existence of their nation against the ability to maintain personal freedoms. While many Presidents have faced this dilemma, from Bush in the modern era to Madison, arguably, the first to deal with it , none stand out quite so much as Abraham Lincoln, who had to find his way through this tricky issue where almost no clear legal precedent existed

Read More

Pros And Cons Of Guantanamo Bay Detention Facility

1354 Words | 6 Pages

Due to the forced feedings happening in GITMO the lawyers of the some of the inmates took the issue all the way to the Federal District Court in the District of Columbia. Federal Judge Royce C. Lamberth ruled that the forced feedings should stop but the US government asked for an administrative stay which meant the judge had to delay his ruling until the US could get around to throwing out the ruling completely. Some prisoners in GITMO haven’t even been charged with a crime yet, also some have been waiting on their trials for years but they have yet to come. “78 number of the 149 detainees who the US has approved for transfer to home or third countries but remain at Guantanamo.” (Guantanamo Ten Years On: Facts and Figures).

Read More

Habeas Corpus Rights Vs War On Terror Essay

1027 Words | 5 Pages

Habeas Corpus Rights vs. the War on Terror Habeas Corpus is a centuries old legal mechanism enacted by the Magna Carta, signed by King John of England in 1215, and is an important part of the British Common Law tradition, and now, the American legal system. It is one of the foundations of constitutional democracy, and an internationally applied principle, mandating that a government cannot arbitrarily detain its citizens. Ever since the terrorist attacks on 9/11, however, the United States has been fully involved in a war against terrorism, and the application of Habeas Corpus is coming under question. Recently, many politicians, including the former Bush Administration called for a change in its applicability when relating to terror suspects.

Read More

Examples Of Founding Fathers

1171 Words | 5 Pages

The Eighth Amendment means no excessive bail, and no cruel of unusual punishment. The Eighth Amendment is supposed to ban post-sentencing torture (Cole para. 9). At Guantanamo Bay, which is a military base on American soil, the Eighth Amendment does not apply. One way they torture people is by depriving them of sleep.

Read More

Human Rights Violations In The Southern Cone Essay

1017 Words | 5 Pages

All human beings are entitled to a life of dignity, as well as the right against torture, inhuman, or degrading treatment. Certain acts committed by the military such as torturing parents in front of their children or forcing a person to strip and then electrically shocking them, definitely prohibited their victims from having any sense of self-respect or dignity (Donnelly 59). Additionally, all human beings have the right to life, liberty, and the security of persons, and all of those rights were violated through the practice of disappearances. The kidnappings and disappearances as well as treatment of prisoners in the clandestine detention centers violate a person ’s right to be recognized as a person before the

Read More

Hebeas Corpus: The Great Writ

1496 Words | 6 Pages

In its confines, lie at least 169 prisoners who hope to challenge their confinement under Hebeas Corpus. The prisoners of Guantanamo Bay hope to have their petitions granted, however, due to them being aliens and not being placed on US soil, these petitions are not granted and it was decided that the prisoners of Guantanamo don 't even have the right to petition the courts. Under the Detainee Treatment Act, the prisoners aren’t given the rights to petition the courts and they eliminated those actions with this act. This act was passed in 2005, however, under the Military Commissions Act, detainees are given a chance to plead their case, which tend to be about allegations of war crimes and to determine if an individual is an enemy combatant.

Read More

Habeas Corpus's Execution Essay: The Fight Against Terrorism

890 Words | 4 Pages

After seeing the damage terrorism has caused throughout the world, it is hard to justify providing rights to people who want to deny innocent people of their right to live. Terrorism is an untraditional form of warfare and requires action - Action based on proactivity and security for the safety of American citizens. The government is willing to suspend habeas corpus for the safety of its people, but granting habeas corpus inhibits the execution of these actions. Habeas Corpus should not be given to suspected terrorists, because terrorism should not be treated in a traditional manner, Counter-terrorism requires new methods, and can legally be justified.

Read More

Guantanamo Bay Research Paper

578 Words | 3 Pages

II. Contextual information about Guantanamo Bay • History of Guantanamo Bay • United States occupation right of the Bay III. The legality of holding prisoners at Guantanamo Bay • War on Terror Justification  Authorization for Use of Military Force ( AUMF) passed by the Congress  Unique provision providing the President the power to act against organization or persons • Enemy Combatants Justification  Article 4 of Geneva Convention v. Department of Defense and Department of Justice recommendations • Habeas Corpus  Right of prisoners to challenge the legality of their detention  Constitutional and International Treaty Rights IV. Challenges to the legality of holding prisoners: • Judicial

Read More

Pros And Cons Of Guantanamo

547 Words | 3 Pages

Within the push for detainees’ rights, a focus on the right to a speedy trial was asserted by the President. Previously, suspected terrorists were tried under military law, but the Obama Administration pushed for the trying of these detainees in criminal court, as they were before 9/11. Through criminal courts, these suspects could not be held indefinitely anymore, thereby instilling our nation’s values on detainees. Although Obama was not able to completely close Guantanamo in his eight years of presidency, he made major advances in preserving the rights of detainees. From rights to a speedy trial to the basic human rights, torture was used at Guantanamo Bay as a form of interrogating detainees for information that may cause danger to America.

Read More

Habeas Corpus Essay

1524 Words | 7 Pages

On September 20th, 2001 nine days after the Twin Towers President George W. Bush announced to all Americans that the nation has begun the war on terror. With any war there will be casualties as well as prisoners captured who have essential information to saving lives. Some of the prisoners caught were considered extremely dangerous and sent to Guantanamo Bay. At one point in the war on terror Guantanamo Bay held some of the worlds highest-ranking criminals in the world. Many people questioned the government’s legitimacy of holding these prisoners and believed they should be given the right to a fair trial.

Read More

Inhumane Rights At Guantanamo Essay

1307 Words | 6 Pages

Captives are held within terrible conditions in which they have no rights or say on whether they may be guilty or not and are most often declined a fair trial. With Obama promising to close the base at the beginning of his office but never enforcing it, this has caused this issue to grow and flourish. The general being of Guantanamo Bay is a major point for the United States and dealing with human rights. Location

Read More

Guantanamo Bay Fair Trial Essay

2046 Words | 9 Pages

Following 9/11, there was a steady increase in detention without charge, which violated the concept of the right to a fair trial, long considered to be a fundamental human right and enshrined in American law. When the United States government introduced a preventative detention program, 1182 people were detained in the first seven weeks of the program alone and around 5000 people, mainly Muslims or Arabs, have been detained in total. The majority of those detained were held on vague anonymous accusations, few faced any charges, and the vast majority were never convicted of a crime. The existence of Guantanamo Bay, which serves as a focal point for this essay, poses a particular threat to the right to a fair trial, as those detained are

Read More

Persuasive Essay On Guantanamo Bay

617 Words | 3 Pages

Guantanamo Bay detention camp should be shut down for violating amendments 1, 4, 8, and 9. To begin, Guantanamo Bay violates the right of no torturing or degrading treatment. Article five of the Universal declaration of human rights states that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” But, in 2007 an FBI report was released on what exactly goes on at GITMO. The files contained information on the types of torture and how the detainees are treated.

Read More

More about Hamdi Vs Rumsfeld Case Study

Related Topics

Open Document