Justification of the president’s indefinite detention
President Bush used the fight against terror as a justification to hold detainees without the possibility of the case heard in court. This was not ethical in the eyes of the world since everyone has a right for the courts to hear and determine their cases. This lowers the possibility of the individual held unlawfully to get freedom. Many combatants in Guantanamo Bay did not get any hearing in the court (Statsinger 2007). The courts did not hear the cases because the president had ordered this. The president had over stepped his powers by denying detainees a chance for the courts to hear their case. The result of this was that many of the detainees received harsh treatment with the assumption they were terrorists. Everyone has a right for habeas corpus meaning that one must face the court for any allegations against him.
Authorization of Congress to conduct extra-judicial detentions
It was wrong for congress to allow the president to detain suspects on terror without them receiving their right of habeas corpus. It is a known fact that America was facing tough times at the time, but the Congress to give the president that authority is an inhumane act. The government made sure that the detainees detained in Guantanamo bay (DiPaolo 2010). The American government leased this area from Cuba. The Supreme Court does not have jurisdiction to prosecute in Guantanamo Bay, therefore, could not charge detainees for terrorism. The case between Boumediene vs Bush ensured that the courts order every detainee to receive his right to Habeas Corpus. The Supreme Court decided this because the Congress had no right to deny these detainees of their constitutional right.
References
DiPaolo, A. (2010). Zones of twilight: Wartime presidential powers and federal court decision making. Lanham, Md: Lexington Books.
Statsinger, S. M., & Statsinger, S. M. (2007). Habeas corpus: Practice commentaries and statutes. Louisville, CO: National Institute for Trial Advocacy.
