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Transcript

Ruling

Question

Ramifications

  • The justices votes were 8-1.
  • Justice Sandra Day O'Connor wrote "although Congress authorized Hamdi's detention, the Fifth Amendment guarantees to give a citizen held in the United States as an "enemy combatant" the right to speak out against his detention before a neutral decision maker."

Did the government violate Hamdi's Fifth Amendment rights by holding him in prison and not giving him access to an attorney? Does the separation of powers doctrine require federal courts to delay Executive Branch determinations that an American citizen is an "enemy combatant"?

Cultural Environment at the Time

  • Military in Afghanistan
  • Taliban was seen as destructive
  • Trial was after 9/11
  • Prejudice towards Islam extremists

Importance of the Case to our Country

  • Case proved not all Muslims are terrorists

Conclusion

Background

  • Hamdi, an American, was arrested in Afghanistan and accused of being part of the Taliban.
  • Transferred to a military prison in Virginia.
  • Defense attorney filed a petition in federal court to Declare Hamdi's imprisonment unconstitutional.
  • The government violated Hamdi's Fifth Amendment right.
  • "The government then said that the Executive Branch had the right, since it was during wartime, to declare people who fight against the United States "enemy combatants" and restrict their access to the court system."

Question

Yaser Hamdi and his father, Esam Hamdi

W

Did the government violate Hamdi's Fifth Amendment rights by holding him in prison and not giving him access to an attorney? Does the separation of powers doctrine require federal courts to delay Executive Branch determinations that an American citizen is an "enemy combatant"?

"Hamdi v. Rumsfeld." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Dec 4, 2015. <https://www.oyez.org/cases/2003/03-6696>

Hamdi v. Rumsfeld

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