Business Homeland Security Homeland Security Research Proposal

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The Court reversed the decision of the United States Court of Appeals for the Second Circuit and remanded the case for dismissal with no prejudice; it overruled the Court of Appeals verdict and prepared the dismissal of the case, allowing Padilla to refile the petition.

Boumediene v. Bush

The Boumediene v. Bush case was a writ of habeas corpus submission made in a civilian court of the United States. Lakhdar Boumediene was a naturalized citizen of Bosnia and Herzegovina. He was held in military imprisonment by the United States at the Guantanamo Bay detention camps (http://jurist.law.pitt.edu/forumy/2007/02/why-boumediene-was-wrongly-decided.php).The case disputed the validity of Boumediene's custody at the Guantanamo Bay military base as well as the constitutionality of the Military Commissions Act (MCA) of 2006.

Majority of the justices brought into being that the constitutionally assured right of habeas corpus review applies to persons held in Guantanamo and to persons labeled as enemy combatants on that territory. Kennedy's majority opinion begins with an over twenty page review of the history of habeas corpus in England from its roots in the due process clause of the Magna Carta of 1215 to the nineteenth century.

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Associate Justice Antonin Scalia's dissent was joined by Chief Justice John G. Roberts and Associate Justices Samuel Alito, and Clarence Thomas. Justice Scalia disputed that the measures approved by Congress in the Detainee Treatment Act make available the fundamental protections that habeas corpus guarantees and as a result there has been no suspension of the writ, and no basis exists for judicial involvement further than what the Act consents to.

Chief Justice Roberts' dissent took a far more displeasured approach than that of Justice Scalia, focusing on whether the method gave the Guantanamo detainees in the Detainee Treatment Act an ample replacement for the Habeas protections the Constitution guaranteed. By disagreeing in the confirmatory, he implied that the concern of whether the detainees had any Suspension Clause rights was unlikely since, if they did, he found that those rights were not violated anyway......

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"Business Homeland Security Homeland Security" (2008, November 20) Retrieved May 18, 2024, from
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https://www.aceyourpaper.com/essays/business-homeland-security-homeland-security-26594>

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"Business Homeland Security Homeland Security", 20 November 2008, Accessed.18 May. 2024,
https://www.aceyourpaper.com/essays/business-homeland-security-homeland-security-26594
   

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