ENGL 1001 Chapter : Journals
Document Summary
The issue in the case, boumediene v. bush, is whether or not foreign nationals detained at. Guantanamo bay as enemy combatants should be able to contest their detention before a judge. Justice kennedy begins the majority opinion by maintaining the importance of the writ of habeas corpus, something the framers put in the constitution to protect people"s liberty. He uses the basis of the original constitution as grounds for his opinion. His first point being that the framers believed everyone had the right to freedom from unlawful restraint. Kennedy believes that the framer"s put the writ of habeas corpus into the constitution also because of distrust of the government. This is one of the reasons why he believes that foreign nationals do have the right to contest their detention. He includes that the suspension clause should also uphold these rights.
