Constitutional Law

1072 WordsNov 17, 20125 Pages
Hamdi v. Rumsfeld Issue When a U.S. citizen is labeled as an enemy combatant, is he entitled to the constitutional protections of due process? Holding and Reasoning(O’Connor, J.) Yes. A U.S. citizen accused of being an enemy combatant must be afforded an opportunity to be heard by a neutral decision maker. The Fourteenth Amendment of the Constitution guarantees the right to due process under the law. Furthermore, absent suspension, all persons detained in the United States have the right to habeas corpus. This means that an individual accused of criminal activity cannot be detained indefinitely, with no trial, no counsel, and no ability to petition for freedom if he is wrongfully imprisoned. In the case of a citizen, like Hamdi, who is…show more content…
United States started during World War II, when President Roosevelt passed Executive Order 9066 to command the placement of Japanese residents and Japanese citizens who were staying or located in the United States into special facilities where they were excluded from the general population. Isolating people from the general population for no good reason is a direct violation of the 14th Amendment to the United States Constitution. To defend this aggressive action, President Roosevelt explained that the order was passed to prevent internal damages or sabotage that may have been caused by individuals who supported Japan. Roosevelt separated Japanese people because he didn’t want them banning together in a time of war. Japan was a primary enemy of the United States during this time; Roosevelt believed that separation was the best way to contain an uprising. The case of Korematsu v. United States deals with military law. This aspect of law is a legal field within Federal Law, which addresses the activity and behavior of military personnel, including issues of treason, war crimes and criminal offenses directed towards military personnel. Korematsu stood up against the forced imprisonment of Japanese people because the government did not differentiate between Japanese extremists or American citizens who happened to be of Japanese descent. Korematsu was one of these American citizens who was forcefully removed from his home and his everyday life and taken to a prison
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