Hamdi Vs Rumsfeld Case Analysis

Improved Essays
Show More
Separation of powers are going through an “identity crises” at this time. The rise of international laws that are unregulated and there is no higher authority to check and oversee the countries’ actions can cause even more internal conflicts within our own government because the three branches are unable to agree on how to handle each case. The more international conflicts arise so do new situations and cases that are hot topics within the political realms.
Some examples of this, are the following case. Hamdi v. Rumsfeld and Hamdan v. Rumsfeld. Both these cases took place during a period of “peace”. The United States was barely becoming more active in international affairs and conflicts. In Hamdi v. Rumsfeld, the question arose weather or president had the authority to label U.S. citizens as “enemy combatant” and detain the indefinitely. Mr. Hamdi was detained as a participant combatant in the Afghanistan, a country in which the U.S. remained peaceful but had internal comfits/ issues with international terrorism. He was detained under the AUMF, an act passed by congress in September 14,2001. Since we were not in a state of war, only conflict, it was unconstitutional. In the case of Hamdan v. Rumsfeld, Mr. Hamdan was actually detained as a conspirator with Osama Bin Laden. Again the Supreme Court favored Mr. Hamdan due to the fact that the president did not …show more content…
This idea goes back to the attempt to maintain peace and good standing with other nations. Some Americans might see this as kissing ass to other nations, but this is not done for that reason. This act of “kindness” is for the sole purpose of keeping peace. The United States is a very powerful nation, but they are no longer the big fish in a little pond. The U.S. has to do what is in the best interest of the nation, for

Related Documents

  • Superior Essays

    Importance Of Separation Of Powers In Australia
    • 1362 Words
    • 6 Pages

    Importance Of Separation Of Powers In Australia

    Australia is said to be a democracy and seen as being about the people, and fair for all. Thus, separation of powers was formed to make sure that this is the case. Separation of powers puts the institutions of government into three different branches. These branches are: The legislature which make the laws; the executive government put laws into action; and the third brach,the judiciary interprets the laws. Separation of Powers is said to be the cornerstone of fair government.…

    • 1362 Words
    • 6 Pages
    Superior Essays
    Read More
  • Improved Essays

    The Pros And Cons Of The War Powers Resolution
    • 487 Words
    • 2 Pages

    The Pros And Cons Of The War Powers Resolution

    This paper will address the extensive debate regarding presidential powers and the fact that, though unwise and poor law, the War Powers Resolution is not unconstitutional. In order to determine whether or not the War Powers Resolution intrudes too deeply on standing presidential power, it is first necessary to identify the legitimate executive prerogative that the Congress may have infringed upon. Opponents of the War Powers Resolution make a serious argument on intrusiveness regarding only one executive prerogative, the President's power as "Commander in Chief of the Army and Navy of the United States”, which is said…

    • 487 Words
    • 2 Pages
    Improved Essays
    Read More
  • Improved Essays

    Imperial Presidency Summary
    • 1274 Words
    • 6 Pages

    Imperial Presidency Summary

    One major constitutional relationship that is defined deeply within the author’s argument is the distinct power of U.S foreign policy and whether or not the president or congress should have the ability to declare war (48). Ultimately when the framers constructed the constitution, it named the president the “ commander-in-chief”, however the power to declare war was only available to congress (50). Eventually this struggle among the branches led to the future outcry of who should deal with U.S foreign policy. Also over time presidents began to exert their “ commander-in-chief” duties by sending troops to where they felt necessary and even began wars only to justify that they did so with nation’s interest in mind, all without congressional approval…

    • 1274 Words
    • 6 Pages
    Improved Essays
    Read More
  • Improved Essays

    Framers Research Paper
    • 648 Words
    • 3 Pages

    Framers Research Paper

    The Framers of the United States government created a government with three separate branches: legislative, executive, and judicial. These three branches are completely separated and use checks and balances on one another. The Framers made it that way so one branch would not have too much power. For example, checks and balances is used when deciding on a more permanent solution to Deferred Action for Childhood Arrivals, or when deciding on marijuana laws. This form of government is no longer as effective as it should be.…

    • 648 Words
    • 3 Pages
    Improved Essays
    Read More
  • Improved Essays

    Achman Case Study
    • 748 Words
    • 3 Pages

    Achman Case Study

    Mapp V. Ohio was about how a lady named, Dollree Mapp was convicted for having obscene materials after a admittedly illegal police search of her home for a fugitive. She argued that it was constitutional and the first amendment gave her the right to possess that. Freedom of expression shouldn’t be have a price to pay. Mapp did win her case and with her case came the exclusionary…

    • 748 Words
    • 3 Pages
    Improved Essays
    Read More
  • Great Essays

    The Role Of The Separation Of Powers In The Australian Constitution
    • 1817 Words
    • 8 Pages

    The Role Of The Separation Of Powers In The Australian Constitution

    This essay will discuss why the Australian Constitution has separated the legislative, executive and judicial powers. The separation of powers is about preserving our freedom as enshrined in the Australian Constitution. The history of the separation of powers theory will be discussed, also there will be references to weekly reading materials and weekly tasks. Argued will be that the reasoning behind the separation of power is to ensure that no branch of government or an individual has sole power of the government and the country with the checks and balances system being vital to ensure the former statement. Governmental Powers Described In order to understand why we separate the legislative, executive and judicial powers in the Australian…

    • 1817 Words
    • 8 Pages
    Great Essays
    Read More
  • Superior Essays

    The Balance Of Powers Between The State Government And The Federal Government
    • 1119 Words
    • 5 Pages

    The Balance Of Powers Between The State Government And The Federal Government

    Our society continuously evaluates the balancing of powers between the state government and the federal government. It is important in a democracy for the powers to be equally distributed, for if one person in the government takes total control, it would no longer be a democracy. A government with too much power isn’t a good thing, for the society itself would change. One of the main things that helps our society balance the powers between the governments are the three divisions of government. The three branches of government consist of the legislative branch, the judiciary branch, and the executive branch.…

    • 1119 Words
    • 5 Pages
    Superior Essays
    Read More
  • Superior Essays

    Post-14th Amendment
    • 1392 Words
    • 6 Pages

    Post-14th Amendment

    The United States is a country founded and built around law. A significant amount of the country’s founding fathers were lawyers. Thomas Jefferson, James Madison, John Adams, and Alexander Hamilton were all lawyers. It is no coincidence that the most important documents in the country specifically lay out the law for the protection of its people. The founders drafted an ingenious system; one of which the world had never seen.…

    • 1392 Words
    • 6 Pages
    Superior Essays
    Read More
  • Great Essays

    Federalism In Texas Government
    • 1410 Words
    • 6 Pages

    Federalism In Texas Government

    In order to understand how the Texas government and the United States Federal Government interact with each other, it is necessary to understand the concept of federalism. Federalism is, by definition, the process of two or more governments controlling the same geographical area. The United States of America is an excellent example of federalism considering it has one centralized government sharing power with fifty different governing bodies at the state level, which are then broken down into local governments. Because of its population and magnitude, Texas specifically, exemplifies a successful federalist system. Ruled by the U.S. Constitution, the United States breaks down the government into a separation of powers.…

    • 1410 Words
    • 6 Pages
    Great Essays
    Read More
  • Improved Essays

    Living Breathing Document Analysis
    • 1405 Words
    • 6 Pages

    Living Breathing Document Analysis

    U.S. con living breathing document The constitution the oldest and most important document in american history. It is in control of our society today , makes laws, controls the people, our country. This document changes all the time because of people changing or things that happen. This document gives us our rights and can also take them away if needed.…

    • 1405 Words
    • 6 Pages
    Improved Essays
    Read More
  • Improved Essays

    The Pros And Cons Of Separation Of Powers
    • 1650 Words
    • 7 Pages

    The Pros And Cons Of Separation Of Powers

    The most imperative aspect of our government is the separation of power. This concept is extraordinarily introduced in the first three articles of the constitution. The vital variable that contributed to the Separation of Powers is that when one individual or group of people has boundless…

    • 1650 Words
    • 7 Pages
    Improved Essays
    Read More
  • Superior Essays

    The Importance Of The First Ten Amendments Of The US Constitution
    • 1542 Words
    • 7 Pages

    The Importance Of The First Ten Amendments Of The US Constitution

    United States District Court, the U.S. District Court was in violation of the 4th amendment, The United States monitored the conversation of three individuals in conspiring in destruction of federal building. The United States authorized monitoring of the suspects without a warrant, which direct violation 1st and 4th amendment of the U.S. Constitution. On 2006 case Hamdan v. Rumsfeld, Hamdan was charged of plotting with the terrorist group. Afghani hunters arrested Hamdan and he as later sold to the United States, which later was arranged to be trial in front of a military commission.…

    • 1542 Words
    • 7 Pages
    Superior Essays
    Read More
  • Improved Essays

    Legislative Branch Of The Constitution
    • 777 Words
    • 4 Pages

    Legislative Branch Of The Constitution

    The Constitution was the start of building America up into what we see today and has lasted for over 200 years. Its inception as the Articles of Confederation or the “hand-shake” among states, grew into something more united (U.S. Constitution signed, n.d.). With the signing of the Constitution of the United States in 1787, the republic government was formed and established the three branches of government with overlapping powers. The three branches include the Legislative, Executive and Judicial organizations.…

    • 777 Words
    • 4 Pages
    Improved Essays
    Read More
  • Great Essays

    The Separation Of Power In The UK Constitution
    • 1162 Words
    • 5 Pages

    The Separation Of Power In The UK Constitution

    This is a summation of the fact that there is very broad overlap between the legislative and the executive in the UK constitution, as the two powers are closely entwined, often exercised by the same bodies. For instance, Government ministers are members of the executive who exercise a legislative function in Parliament and also when they make delegated legislation. The Prime Minister is a Member of Parliament and occupies a seat in the House of Commons, with a majority of his peers, thus the executive has a powerful influence in the legislative branch. From this, it is evident that a pure separation of powers is not an explicit feature of the UK constitution, and Walter Bagehot’s claim that there is a “nearly complete fusion, of the executive and legislative powers” holds true. However this should not mean that the UK constitution is inadequate and allows for tyrannical rule.…

    • 1162 Words
    • 5 Pages
    Great Essays
    Read More
  • Improved Essays

    Compare And Contrast The Legislative Branch And The Executive Branch
    • 619 Words
    • 3 Pages

    Compare And Contrast The Legislative Branch And The Executive Branch

    The Legislative Branch and the Executive Branch are both part of the three branches that where put into place to separate power. Also known as separation of powers. Both of these branches has specific powers that they can each do. The Legislative Branch is made up of the House of Representatives and the Senate.…

    • 619 Words
    • 3 Pages
    Improved Essays
    Read More

Related Topics

Ready To Get Started?
Discover
Company
Follow
©2024 Cram.com
Privacy Policy |  Cookie Policy |  About Ads |  Site Map |  Advertise  | 
  • Cookie Settings