Limitations of Power Essay
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Instructions
One arena where the separate powers of each branch and their checks on
each other shows clearly is in the legal questions stemming from the
holding and trial of U.S. prisoners at Guantnamo Bay, Cuba. Three days
after the attacks of September 11, 2001, Congress passed a Joint
Resolution, To authorize the use of United States Armed Forces against
those responsible for the recent attacks launched against the United
States, or AUMF 2001.
Based on that authorization, as well as his constitutional powers as
Commander-in-Chief, President Bush launched a military offensive in
Afghanistan. In the process, U.S. forces captured a number of people who
were suspected of being enemy combatants. The Department of Defense
(part of the Executive branch) set up a prison in Guantnamo Bay, Cuba,
to house these prisoners. They also developed a military tribunal system
to use when these prisoners were charged with crimes. In the case of Hamdan v. Rumsfeld (2006), the limits of congressional and executive powers are examined by the Supreme Court.
To listen to the oral argument, click on the audio icon as pictured below:
Write an essay in which you examine the powers and limits on power of each branch of the U.S. government.
Read the Supreme Courts summary of the Hamdan v. Rumsfeld case, the opinions explaining the Courts majority, and concurring and dissenting decisions.
Evaluate how Congress acted and identify the powers that it relied on when it acted.
Next, turn to the Executive, and explain how the President and those working for him acted, relying on powers granted in Article II and congressional delegation of authority.
Finally, using the Supreme Courts majority opinion in Hamdan (and concurring opinions), explain what the Supreme Court found to be legal and constitutional. For those actions that did not pass judicial review, explain the Courts reasoning.
Format
Word Doc
APA style
Length: 68 pages
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