quora
Nobody downloaded yet

Civil Right vs. National Security : Padilla/Hamdi vs. Rumsfeld - Case Study Example

Comments (0) Cite this document
Summary
Civil Rights vs. National Security Case Study Padilla/ Hamdi vs. Rumsfeld [Full name] [Student Registration Number] Introduction Since the compromise of national security witnessed during the September 11 attacks on US soil, tough measures to counter terrorism continue to find their way in national security policies inside and outside the country…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.5% of users find it useful
Civil Right vs. National Security Case Study: Padilla/Hamdi vs. Rumsfeld
Read TextPreview

Extract of sample
"Civil Right vs. National Security : Padilla/Hamdi vs. Rumsfeld"

Download file to see previous pages Questions on the legality of the government’s actions in countering terrorism emerge in the form of compromise on civil rights and liberties that the constitution is strongly vocal in guarantee. In several cases before the courts, the federal government has been found in contravention of the provisions of the constitution, which raises questions on the practicality of providing national security without compromising civil rights (Picarelli 1). In the following discourse, two cases before the courts facilitate in the illustration of the difficulty of implementing some of the most decorated milestones that country boasts of in countering terrorism. Padilla v. Rumsfeld and Hamdi v. Rumsfeld took place in the similar period when the US was facing the aftermath of the September 11 attacks and the nation was enforcing Authorization of the Use of Military Force Act, with a series of court battles on infringement of constitutional rights. Case Summary and Facts Padilla v. Rumsfeld Jose Padilla, a US national serving in the US military operations in Pakistan during the period when 11 September 2001 terrorist attack occurred and he was taken in as a material witness. The arrest was dramatic since it took place as Padilla stepped off his flight from Pakistan on 8 May 2002, with the federal warrant of arrest for a material witness acting as the legal explanation. Details of the arrest changed and the applicant was suddenly facing charges of acting as an Al Qaeda agent. Legal position for his incarceration advanced from a material witness to “enemy combatant” and the federal government found reason for treatment of the applicant as any terrorist warranting the firmest action from the federal government such as indefinite imprisonment. It implied that the applicant could not access legal rights provided for in the Constitution while the government held the opinion that he was such a high profile threat to America’s national security (Baird, Darmer and Rosenbaum 264). Six months after his incarceration, his attorney made an application for habeas corpus in the United States District Court for the Southern District of New York which was declined on the grounds of the authority of the president to execute the “enemy combatant” principle. As such, the court found that the war on terror was still an issue and that the court could not allow the application as it would compromise the federal government efforts to counter terrorism on American soil. The United States Court of Appeals for the Second Circuit subsequently received the appeal that found the decision of the District Court improper. The held that despite the commander-in-chief having such powers as exercised in the case, such treatment could not be meted on Americans incarcerated on American soil. Such transfer of charges from civilian to military authority without access to legal resources infringed on the constitutional rights. In the court’s ruling, Padilla was released but only from military authority to civilian custody. The case proceeded to the United States Supreme Court for determination of the matter if the Authorization for Use of Military Force from Congress was an applicable as the circumstances of the case proved. In the appeal, the matter before court ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Civil Right vs. National Security Case Study: Padilla/Hamdi vs Study”, n.d.)
Retrieved from https://studentshare.org/history/1401535-padilla-vs-rumsfeld-hamdi-vs-rumsfeld
(Civil Right Vs. National Security Case Study: Padilla/Hamdi Vs Study)
https://studentshare.org/history/1401535-padilla-vs-rumsfeld-hamdi-vs-rumsfeld.
“Civil Right Vs. National Security Case Study: Padilla/Hamdi Vs Study”, n.d. https://studentshare.org/history/1401535-padilla-vs-rumsfeld-hamdi-vs-rumsfeld.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Individual Privacy vs. National Security
National security is paramount to both the people as well as the federal government. The relationship between individual privacy and national security is the basis of the controversies surrounding the topic. Although this topic is concerned with current issues that are of public concern, it is a wide topic.
7 Pages(1750 words)Research Paper
U.S. Supreme Court Case Tennessee vs. Garner
U.S. Supreme Court Case Tennessee vs. Garner Various socio-legal institutions including the courts and the police are often expected to give expression to the collective conscience of the society. Though, it is a fact that the collective conscience is quiet a complex and multifaceted notion and is usually subject to multiple pressures, aspirations and interpretations.
3 Pages(750 words)Case Study
Individual privacy vs. National Security
Following this act of terrorism America became a war nation, everything in the country including policies were developed to fight terrorism. The measures taken by the government to protect the citizens were extreme. The federal government also went forth to establish an antiterrorism unit or a special police department that handles terrorist and terrorist related cases.
6 Pages(1500 words)Research Paper
Case Law: MIKE vs FF LTD
These raise both contractual and tortious liabilities on such vendors, builders and lessors. In this sense it can be say that a vendor will be liable to the purchaser if there is any defect in the goods, buildings or any other dwelling places. And it infers that the purchaser can claim damages for these defective constructions from the vendor under the above said rule.
6 Pages(1500 words)Case Study
National Security Case Study
The second of the attacks occurred at Edgware road station. The third one occurred on the Piccadilly line and the last one of the explosions occurred on the upper decker of a storey bus all in London. (BBC, 2005) The British government has largely blamed the Muslim extremists.
8 Pages(2000 words)Case Study
Facebook vs Twitter
Facebook is a social networking site launched by the Facebook, Inc in 2004. It was founded by Mark Zuckerberg with the help of his friends Andrew McCollum, Dustin Moskovitz, Eduardo Saverin, and Chris Hughes. According to a report by Sengupta (2012), Facebook had more than 900 million active users as of May 2012.
2 Pages(500 words)Case Study
Breathe Right Case Study
The company experienced various advantages and disadvantages for going global. Among the advantages is that the company experienced expansion. This is because its market expanded from the local American
2 Pages(500 words)Case Study
Hamdan vs. Rumsfeld 548 US 557 (2006) Case Study
The defendants in this case are Donald Rumsfeld as US Secretary of Defense, John Altenburg, Jr., Appointing Authority for Military Commissions of the Department of Defense, Brigadier General Thomas L. Hemingway, Legal Advisor to the Appointing Authority for Military Commissions, Brigadier General Jay Hood, Commander of the Joint Task Force in Guantanamo, and George W.
3 Pages(750 words)Case Study
NFC Security Issues: A Case Study
It is the current technology that has the capabilities to turn one’s cell phone into an array of several other functions such as being a wallet to be used for currency, a key to locking and unlocking items and a form of personal identification. The technology due to its promising security features has been widely embraced by most people and organizations that perceive it more relatively efficient in usage than other forms of technology.
6 Pages(1500 words)Case Study
Case - Mohammed Vs. E&Z Electronics
Facts The plaintiff, Mohammed, purchased a washing machine from one of the defendants, E&Z Electronics. The washing machine had a defective electrical switch due to which it malfunctioned and resulted in significant bodily injuries and property damages to Mohammed.
5 Pages(1250 words)Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Case Study on topic Civil Right vs. National Security Case Study: Padilla/Hamdi vs. Rumsfeld for FREE!
logo footer
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • StudentShare App Store
  • StudentShare Google play
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • Miscellaneous
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us