Bush Administration Can Be Fully Term Paper

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The most worrying aspect in this case is the fact that the Patriot Act seems to be endangering some of the fundamental liberties of the American individual. The motivation seems simple: the country is at war and, in any such conditions, it is allowed to resort to all means to achieve victory. On the other hand, the fact that certain governmental practices (many of which have probably been going on in the past, but had never been exposed) are now out in the open and even regulated.

The case of the American citizen Yaser Hamdi is quintessential for the application of policies in times of war. Yaser Hamdi was captured in Afghanistan, deemed to be a member of al Qaeda and was categorized as an "enemy combatant." He had been held imprisoned without being charged for almost two years, with no access to attorneys or trials.

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His case brings about the dilemma many face today in the U.S.: to what extent can wartime regulations be applied? Is the president actually fit to do whatever he pleased to whoever he feels is a threat? The same question can be applied to Jose Padilla, who is in a similar situation with Yaser Hamdi.

According to the 5th Amendment of the Constitution, no individual should be "of life, liberty, or property, without due process of law." Under judicial regulations, no policies, not even wartime policies, can surpass the provisions of the Constitution, unless the latter is suspended, which is not the case here.

The cases of the two individuals are in clear violation of the 5th Amendment, because they are held without trial and without prospect of trial any time soon (not to mention the lack of access to an attorney)......

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