Preview

Executive Privilege Dbq

Satisfactory Essays
Open Document
Open Document
199 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Executive Privilege Dbq
Executive privilege was established to protect presidential confidentiality. There are certain conversations, documents and records which are sensitive to the duties of the president which should remain confidential. Some will argue this is a president’s right to candid advice from advice or with military and diplomatic matters. Those who may oppose will argue that Congress as a right to information. Also, executive privilege is a power that political parties tend to support when they in power and oppose when they are not.

Hamdi v. Runsfeld - Was regarding the government's policy on captured enemy combatants. Post 9/11 2001 with the war on terrorism, The Bush administration to the position that any supporters of the enemy could be detained

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Mapp vs. ohio: The surrounding of the case was the police came in her house try to find a bomb suspect they found the bomb suspect but they also found pornograph pics of her self so she was arrested that day. The supreme court's decision was that when a police officer is searching you or your house they have to specify what they are looking for. The courts decision maid a big change because the cops if they come in your house looking for a gun but they find a knife they cant arrest you for it because they have to specify what they are looking for.…

    • 107 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Hamdi vs Rumsfeld

    • 958 Words
    • 4 Pages

    Yaser Esam Hamdi, an American citizen, was captured in Afghanistan shortly after the terrorist attacks of September 11th. Hamdi was classified as an “enemy combatant” by the United States. His father filed a petition of Habeas Corpus that his fifth and fourteenth amendments were in violation. Although the petition did not specify on the actual circumstances of Hamdi’s capture and detention, the record indicated that Hamdi went to Afghanistan to do “relief work” less than two months before September 11th and could have not received military training. The Special Advisor to the Under Secretary of Defense for Policy, Michael Mobbs, issued a response, outlining the Government’s position. The district court found the “Mobbs Declaration” insufficient in supporting the Government’s case. The Mobbs Declaration provided details regarding Hamdi’s trip to Afghanistan, his affiliation with the Taliban during a time when the Taliban was battling U.S. allies, and lastly his surrender of an assault rifle. The District Court found that the Mobbs Declaration, standing alone, did not support Hamdi’s detention and ordered the Government to turn over numerous materials. The Fourth Circuit reversed, stressing that it was undisputed that Hamdi was captured in an active combat zone, no factual inquiry or evidentiary hearing allowed Hamdi to be heard or to rebut the Government’s claims were necessary or proper. If the Mobbs Declaration was accurate, it provided a sufficient basis upon which to conclude that the President had constitutionally detained Hamdi, the court ordered the habeas petition dismissed. The appeals court held that, “no citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress”. This provides that The AUMF’s “necessary and appropriate force” language provided the authorization for Hamdi’s detention. Also that Hamdi is entitled only to a limited judicial inquiry into his detention’s rationality under…

    • 958 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.…

    • 2104 Words
    • 9 Pages
    Powerful Essays
  • Satisfactory Essays

    Dred Scott vs Sanford was a very important political case and was one of the first case towards equal rights for everybody. Dred Scott was a slave from Missouri and he sued the state of Missouri for his freedom. In this time Missouri was a free state and therefore he stated that he could be free from slavery. Although he was free, the state of Missouri considered him property and could not be taken away from his owner. Not to mention Minorities in this time we're not considered citizens and couldn't have freedom if they were a slave.…

    • 278 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    The pre-World War I opinion by the U.S. Supreme Court holding, on re-argument, that a federal income tax was unconstitutional.…

    • 1314 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    POL 201 Final Paper

    • 1580 Words
    • 4 Pages

    In this paper I will be deliberate on the history of Habeas Corpus and how it has matured over the years. I will describe the beginning of the Habeas Corpus and the position it takes part in the U.S. and what recent act is being used. The United States Constitution must be more effectively unified into the Guantanamo methods to give equal civil rights to inmates despite what their nationality maybe, but to also have more cordial ways of reviewing obstructive servicemen to absolutely verify if they really should be treated as extremists that we should fear.…

    • 1580 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    A major Supreme Court case on the issue of how to classify terrorism occurred with Hamdi v. Rumsfeld. In both cases listed above the alleged terrorists were U.S citizens and with that came the right to habeas corpus. In 2001 Yaser Hamdi, an American citizen born in Louisiana, was captured by the Afghan Northern Alliance and was turned over to the U.S military as an enemy combatant and detained in connection to ongoing hostilities. After being held and interrogated in Afghanistan for months, he was transferred to Guantanamo bay but it was found that he held a U.S citizenship and he was transferred to a prison in…

    • 634 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Us History Regents

    • 536 Words
    • 2 Pages

    6) The "clear and present danger" ruling of the Supreme Court in Schenck v. United States illustrates the continuing conflict between…

    • 536 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Throughout history , presidents have taken different steps in abusing the executive orders and other presidential directives. Many citizens expressed different views over the executive abuse and benefits the presidents have. The increased use of executive legislation in the absence of challenges from Congress has expanded the power, boundaries, and pose a serious threat to the democracy.…

    • 607 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Please research and explain landmark case, such as Mapp v. Ohio, Terry v. Ohio, etc.…

    • 511 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Us Govt. 4 5

    • 798 Words
    • 4 Pages

    Gideon v. Wainwright- Back when legal counsel was available for murder, giving civil rights to people that cannot support counsel. He was accused of theft just for being there, and since he couldn't afford counsel the states gave it to him. he was later set free.…

    • 798 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Executive Privilege

    • 2337 Words
    • 10 Pages

    In the past, the power of executive privilege has been used by Presidents to conceal information that has to do with foreign affairs and negotiations, military, national security issues as well as deliberations and policy making that is done between the President and his top aides. This power is only used when Congress asks the President or one of his top aides to produce all of the information pertaining to an event or situation. If the President then feels that parts of this information needs to be kept secret to protect the best interest of the public, or the other issues listed previously, then he will use executive privilege in order to not give that information to Congress. A huge part of executive privilege is to protect the deliberations and advice given by the President’s aides. When the President’s advisors give him advice, they need to be able to give him the best advice possible and if there is a chance that everything they said could be made public. For instance if the President and advisors are discussing what needs to be done in relation to a foreign power and one suggests to nuke them, one suggests a covert attack and one suggests a peaceful resolution. If the final decision is a peaceful resolution, and Congress asks for all of the information on the subject, then the President should use executive privilege to keep those other possible outcomes from going public, both to keep the public from getting out of control or uneasy and to keep the other country from finding out the other options and retaliating. This power ensures that the President’s advisors can be completely honest and say what needs to be said without being worried about their words being taken the wrong way or too harsh or hurt their image.…

    • 2337 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    Executive orders enable the President of the United States of America to enact a pseudo-law without the need of approval from Congress. Some presidents make more use of them than others. For example, President Franklin D. Roosevelt, in the early 30's, took the most advantage of them due to the Great Depression. Similar to FDR, President Trump is making the most of his privilege in the White House, but in contrast to FDR's helping initiative, one of President Trump's executive orders were instituted on a discriminatory basis that benefits his many business ties.…

    • 845 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    One case that was brought to the United States Supreme court was the Cohen vs. California case. In this case, freedom of speech was the issue to be addressed in conjunction with the first…

    • 1858 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    Habeas Corpus Paper

    • 1714 Words
    • 7 Pages

    Hoffman, Joseph Habeas corpus must be preserved for crisis, not wasted on routine cases. April 9. 2011…

    • 1714 Words
    • 7 Pages
    Powerful Essays