[DOWNLOAD] "Subordination of Powers: Hamdan V. Rumsfeld." by Harvard Journal of Law & Public Policy # eBook PDF Kindle ePub Free
eBook details
- Title: Subordination of Powers: Hamdan V. Rumsfeld.
- Author : Harvard Journal of Law & Public Policy
- Release Date : January 22, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 265 KB
Description
The scope of presidential authority has always concerned democrats, especially during wartime. Since the advent of the "War on Terror," many Bush administration policies have sparked fierce debate and, of course, litigation. In Hamdi v. Rumsfeld, (1) Justice O'Connor's plurality opinion held that Congress had authorized the President to detain "enemy combatants"--including U.S. citizens like Hamdi--but avoided addressing whether the President had independent authority to do so. (2) Last Term, in Hamdan v. Rumsfeld, the Court held that the President's establishment of military commissions violated the requirements of Uniform Code of Military Justice (UCMJ) Article 36(b) and the Geneva Convention's Common Article 3.3 The Court's opinion and Justice Kennedy's concurring opinion are significant not only for their statutory interpretations, but also because they show the inadequacy of the underlying framework for understanding executive authority set out in Justice Jackson's concurring opinion in Youngstown Sheet & Tube Co. v. Sawyer. (4) Salim Ahmed Hamdan was seized in Afghanistan in November 2001, charged with conspiring with Usama bin Laden, and deemed by the President eligible for trial by military commission. (5) The procedures devised for the commissions differed from those for courts-martial, among other respects, in that the former could hear evidence inadmissible in the latter and could exclude defendants from the proceedings. (6)