Presidential Power and War on Terrorism

Question 1

War Powers Resolution (WPR)

Answer 1

Gives President limited authority ability to use grand troops in the event o fan emergency…national security (without congressional permission).

Question 2

Lawful Enemies

Answer 2

Prisoners of War. Detainable until peace treaty is signed (End War.)

Question 3

War Crimes

Answer 3

• People not in uniform

- Targeting innocent civilians

Question 4

Unlawful Combatants

Answer 4

• Balance of hostilities

- Tried and detained by opposing country for violation of international laws of war

Question 5

Habeas Corpus

Answer 5

If executive is detaining someone for whatever reason, they have the right to challenge their detention in front of an independent court.

(Can temporarily come out to challenge detention or conditions of detention.)

Question 6

Detainable persons

Answer 6

• Entitled to some measure of due process before they can be detained
• Person must be detonable in order to be detained

Question 7

Combat Status Review Tribunals (CSRT)

Answer 7

Military tribunals measure process due for someone challenging their detainment under DTA (detainee treatment act)

Question 8

Military Commissions Act

Answer 8

Tri-enemy commissions for breaking law of war. Revoked statutory habeas for detainees (as unlawful/illegal enemy combatant)

Question 9

Constitutional Habeas

Answer 9

“Always there” habeas.

Can only be taken away by congress - suspension clause.

Question 10

Statutory Habeas

Answer 10

“Come and Go” habeas.

Congress can change it, restrict it, etc. Statutory hook to follow the habeas claim.

(Congress revoked statutory Habeas and invoked the direct lien of appeal to DC Circuit. Replaced with something that doesn’t protect Habeas.)

Question 11

Eisentrager: 3 Factors Habeas suspension can apply

Answer 11

1) Citizenship & status of detainee
2) Nature of sites where apprehension & detention took place
3) Practical obstacles inherent in resolving the prisoner’s entitlement to writ.

Question 12

War powers, Gitmo rules

Answer 12

1. Individual rights cant be violated
2. The Court can review legality and conditions that hold detainees
3. Congressional acts are limited by separation of powers and essential functions
4. When the president acts with congresses approval, but does not follow their direction, he is limited.