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Justice Antonin Scalia

Joseph Mansonet

on 2 April 2013

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Transcript of 4.Mansonet

Justice Antonin Scalia Joseph Mansonet-Period 4 Personal Information Education Background Professional Background Hamdi v.Rumsfeld (2004) Born on March 11, 1936 in Trenton, New Jersey
Father was an immigrant from Sicily
Both parents were teachers
Only child
Finished first in his class
Considered himself a "nerd" 1957- Graduated top of his class at Georgetown University as valedictorian
1960- Graduated Harvard Law School 1961-67- Worked at Law Firm in Cleveland, Ohio
1967-74-Taught at University of Virginia Law School
1982- Appointed to U.S. Court of Appeals
1986- Appointed Associate Justice of the Supreme Court to replace Justice William Rehnquist, who had been promoted to Chief Justice Facts:
Congress passed the Authorization of Use of Military Force, allowing the President and the Secretary of Defense, Donald Rumsfeld, to take any necessary actions to detain those connected to 9/11
Yaser Esam Hamdi, a citizen born in the U.S., was detained for detained as an enemy combatant for working with al Qaeda
Father Esam Foaud Hamdi filed a habeas corpus petition to allow him to challenge his detention
Lower courts stated that he could be held indefinetely because he was label as an "enemy combatant"
Is detaining Hamdi, an American citizen, without allowing him access to an attorney and without going through due process on the grounds that he aided the enemy in violation of his 5th amendment right to an attorney and his 14th amendment right of citizenship? Arguments:
Hamdi was caught in arms against the U.S. and can be held as an enemy (Rumsfeld)
Executive Branch can detain Hamdi under AUMF
Fifth Amendment requires that all U.S. citizens have the right to an attorney (Hamdi)
Verdict: (5-3)
People detained as enemy combatants have the right to challenge their detention before a neutral party
Antonin Scalia's Dissent
Believed that Hamdi's petition for habeas corpus should either be withdrawn or he should by tried in criminal court Significance Hamdi v. Rumsfeld shows us that each U.S. citizen is protected under their consitutional rights, even in the most adverse of situations Bibliography http://www.onelbriefs.com/cases/conlaw/hamdi_rumsfeld.htm
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