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Padilla v. Rumsfeld, Ex-Parte Quirin, and Hamdi v. Rumsfeld
Facts
Padilla vs. Rumsfeld
The synopsis of this case indicates a fact that Padilla, in the first place, did not have any reason to access a lawyer because he had been deemed a national security concern. Being an enemy combatant, Padilla did not have any jurisdiction whatsoever to be founded on the terms of an appeal as done to the Second Circuit Court of Appeals (McPhee, 2006). As seen from the arguments promoted by Bush's depiction of Padilla as an enemy combatant, the court had not authority to hear the case since Padilla was supposed to be kept in the South Carolina. In the meantime, the right and possible defendant should have been a South Carolina Warden and not the Secretary of Defense Donald Rumsfeld (Hafetz, 2011).
Ex-Parte Quirin
The case involved eight men who were American citizens. The eight were deemed as unlawful combatants. They were subject to capture for which they were detained as prisoners of war. They acted as spies. Evidently, they were subject to arrest and punishment amidst trial, done by the military tribunals. Their acts had declared their belligerency as unlawful. They were somewhat taken as prisoners of...
There should have been no controversy in the action and decision taken by the court over the eight. The controversy fueled by the president's actions should have been a leeway to offering justice to the possible victims who were to suffer the consequences of the actions by the eight people (McPhee, 2006).
Hamdi v. Rumsfeld
The government might be thought to have violated Hamdi's Fifth Amendment right when he was held indefinitely without being granted a chance to face the attorney. This was based particularly on the Executive Branch exemplification that Hamdi was an enemy combatant. He was deemed to have been an enemy combatant because he fought against the United States of America. With the presence of the plurality, it was hard for the accused to be given the right to argue his case through a decision maker. Perhaps, Hamdi had the right to challenge the court ruling that had deemed him as an enemy combatant. This issue was controversial from the start. It was clear that after being detained Hamdi, should have been given his right to access and argue his case through an attorney (Hafetz, 2011).
Quirin does not any justices…
References
Hafetz, J. (2011). Habeas Corpus after 9/11: Confronting America's New Global Detention System. New York: New York University Press.
Lokaneeta, J. (2011). Transnational Torture: Law, Violence, and State Power in The United States And India. New York: New York Univ. Press.
McPhee, R.D. (2006). The Treatment Of Prisoners: Legal, Moral Or Criminal? New York: Nova Science Publishers.
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