LAW 606 Lecture Notes - Lecture 26: War Crime, Due Process, Nondelegation Doctrine
1 Jun 2020
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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.
