LAW 606 Lecture Notes - Lecture 26: War Crime, Due Process, Nondelegation Doctrine

13 views3 pages

Document Summary

Rasul v bush: the general habeas statute is being construed- does the writ run- yes because it has not been suspended and their on u. s. occupied soil- gitmo bay. Issue 2: plurality says yes detention is force upon which congress has authorized under. Rumsfeld v. padilla- u. s. citizen was arrested at o"hare airport for helping to detonate bomb. The supreme court denied padilla"s writ of habeas on jurisdictional grounds; dissent felt that existing jurisdictional exceptions applied. Page 1 of 3: concurrence- for the jackson 3 part scheme, bush is acting where congress has spoken (3) by placing restrictions governing military courts and the president has exceeded such. Military commissions have been used in three circumstances: martial law, enemy occupied territory, law of war commission. Congressional violation: non-delegation doctrine- the theory that congress may not constitutionally delegate its legislative power to another branch of government. In practice, this is done all the time.

Get access

Grade+
$40 USD/m
Billed monthly
Grade+
Homework Help
Study Guides
Textbook Solutions
Class Notes
Textbook Notes
Booster Class
10 Verified Answers
Class+
$30 USD/m
Billed monthly
Class+
Homework Help
Study Guides
Textbook Solutions
Class Notes
Textbook Notes
Booster Class
7 Verified Answers

Related Documents