Test 1 Flashcards
1
Q
What are checks and balances?
A
powers vested within each branch of government to limit the power of other branches
ex: courts have judicial review, president has executive order
2
Q
What is the revolution of 1937?
A
it is a court shift from exercising judicial review to protecting economic rights to a paradigm of protecting civil liberties
3
Q
What is the Individualist Theory?
A
it is a classical liberal approach in which individuals take precedence and the government must protect inherent rights and if it does not people can overthrow
4
Q
What is the Communitarian theory?
A
it is the classical republican approach where individuals agree to obey government for the sake of the community
5
Q
What were the key concepts in the declaration of independence?
A
- the laws of “nature and nature’s god”
- all men are created equal
- inalienable rights: life, liberty, and the pursuit of happiness
- government gets power from the governed
- people have a right to overthrow
- jefferson drew on john locke for these ideas
6
Q
What was the Northwest Ordinance?
A
a section within the articles of confederation that provided for government in lands NW of the Ohio river (gave the U.S a process for expansion)
7
Q
What were weaknesses in the articles of confederation?
A
-lodged all power in a unicameral congress (each state had one vote)
-no permanent executive branch
-no judicial branch with means to solve interstate disputes
-congress had limited power
(no levy taxes, could not regulate commerce, only used expressly delegated powers)
8
Q
What is a writ of certiorari?
A
- meant for rare use
- allows an appellate court to review a case at its discretion
- orders lower court to deliver its record in a case so a higher court may review it
9
Q
What is judicial review?
A
the power of the courts to determine validity of government actions
- twin ideologies: judicial activism vs judicial restraint
- marybury vs madison established this idea
10
Q
What is judicial activism?
A
refers to judicial rulings that are suspected of being based on personal opinion rather than on existing law
11
Q
What is judicial restraint?
A
a theory of judicial interpretation that encourages judges to limit the exercise of their own power
-judges should hesitate to strike down laws
12
Q
Who are the current members of the supreme court?
A
John Roberts, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Anthony Kennedy
13
Q
from where do appeals come to the supreme court?
A
65% of cases come from the federal route
35% of cases come from the state route
14
Q
what are the powers of the senate and house of reps?
A
House of reps: source of all revenue bills, power of impeachment
Senate: tries impeachment cases, advise and consent powers (ratify treaties, confirm appointments)
Both: power to legislate (both approve bill, can override president veto by 2/3 vote, responsible for budget and spending), power to investigate, must approve new vice president by majority vote
15
Q
what was the virginia plan?
A
- backed by madison
- bicameral legislature (rep by population)
- executive branch
- judicial branch
16
Q
what is the new jersey plan?
A
- kept articles of confederation largely entact
- allowed congress to regulate commerce and use taxing power
- state equality in congress
17
Q
what was the great compromise
A
- bicameral legislature
- house based on population
- senate based on equality
- 3/5ths compromise: slave population counted as 3/5ths of a person for taxes excluding indians
18
Q
what are the 16th, 17th, and 27th amendments about?
A
16th- congress has power to levy taxes on income from whatever source with apportionment among states
17th- senate shall be comprised of 2 senators from each state each with one vote for 6 year terms: direct popular election
27th- no law can change compensation for senators or reps until the next set of terms for representation
19
Q
what are enumerated powers, implied powers, and reserved powers?
A
-enumerated: explained directly
. declare war, coin money, regulate commerce
-implied powers: powers not explicitly stated in constitution
. necessary and proper
.ends justify means if constitutional
-reserved powers
. power not reserved for national gov goes to the states
20
Q
what are essential elements of all constitutions
A
preamble, organizational chart, amendatory articles, bill of rights
21
Q
elements of constitutionalism
A
limited gov (gov limited in power and accountable for actions, power corrupts (lord acton), james madison federalist 51, checks and balances)
rule of law (constitution places higher law above policies of leaders, leaders accountable to legal principle)
fundamental worth of individuals (rights and liberties accompany each individual)
22
Q
what problem did publius address in federalist 10?
A
how to reconcile citizens with interests contrary to the rights of others or inimical to the interests of the community
23
Q
what did the judiciary act of 1789 do
A
set size of supreme court at 6, three circuit courts established, one district court per state, supreme court appellate jurisdiction (state rules against federal law, state upholds local law over federal, state court denies constitutional right)
24
Q
12th amendment
A
president and vice president are separate candidates, electoral college (state has number of votes equal to its congressional delegation, each elector cast two votes and one of those is for another state, candidate receiving majority is president and if no majority they are chosen by house and senate)
25
20th amendment
short lame duck period between election and inaguration
26
22nd amendment
limits president to two terms
27
23rd amendment
gives DC 3 electoral votes
28
25th amendment
presidential disability and succession, both house confirm VP
29
who was the father of the constitution
james madison, pivotal role in drafting constitution and ratification and drafting of the bill of rights
30
federalist vs antifederalist
federalist
- favored constitution
- federalist papers: james madison, hamilton, john jay
anti federalist
- much less organized, opposed constitution
- new gov had too much power
- changed basic rules of government
- too big, covered too much territory
- no bill of rights
31
what are the types of supreme court opinions
per curiam- total agreement on a case
majority- agreement with majority ruling
concurring- elaboration or different reason for agreeing with majority
dissenting- minority or disagreeing opinion
32
what is the supremacy clause
this constitution and the laws of the united states shall be the supreme law of the land
key cases: marbury vs madison, fletcher vs peck, cohens vs virginia, martin vs hunters, mcculloch vs maryland, charles river bridge
33
main contributions of james madison
secretary during constitutional convention, kept careful reports, wrote some federalist papers
34
main contributions of thomas jefferson
served as ambassador during constitutional convention
35
main contributions of george mason
father of the bill of rights, refused to sign constitution, writings had significant influence on political thought
36
main contributions of john marshall
federalist and chief justice in marbury vs madison, birthed judicial review
37
what were the federalist papers
essays written and published in new york newspapers that gave insight to the founding fathers intentions, authored by james madison, hamilton, and john jay under publius
38
what is the presidents veto power
president has the authority to veto any legislation passed by congress (congress may override veto with a 2/3 majority vote, only 110 vetos have been overruled)
39
what powers are given to the president by the constitution
chief legislator- power to sign/veto, no line item veto, power to provide info to congress
chief executive- head of executive branch of government, appoints officers, presides over cabinet, power to remove any purely executive members, power to pardon
chief diplomat- treaty making power subject to senate approval, executive agreements, receive ambassadors and ministers from foreign nations
40
what are the main features of U.S district courts
- one per state by judiciary act of 1789
- 679 judgeships
- exercise only original jurisdiction
- federal trial courts
- use of petit and grand juries
- involve U.S district attorney and marshall
41
what is executive privilege? what case does it come from?
privilege claimed by president to withold information in the interest of the public
explicitly explained in U.S vs Nixon
42
what is impeachment? how does it work? which presidents?
only constitutional remedy for removing a president
house impeaches and senate convicts
regards treason, bribes, or other high crimes usually
president johnson and clinton impeached (nixon resigned)
43
explain the 25th amendment. what is the line of succession?
- method provided to temporarily or permanently replace a disabled president
- also provides means to restore power when ready
- provides clear line of succession to presidency
VP, speaker of house, senate president, secretary of state
-provides for appointment of new VP when it becomes vacant
44
what determines a states electoral votes? how is president elected?
- one vote per rep in congress
| - candidate receiving majority of votes is president
45
what is judicial activism? what is judicial restraint?
activism: view that judges must sometimes overrule actions of an elected rep if they are contrary to constitution
restraint: judges should defer to legislative officials to alter constitution since they are more politically responsible
46
what happens if no presidential candidate wins?
the house of representatives decides
47
what was john marshalls philosophy of judicial nationalism?
-that the following principles should be advanced
popular sovereignty
supremacy of national gov
authoritative role for SCOTUS in interpreting constitution
broad construction of constitution
48
what does the constitution require for becoming a federal judge
nomination by president, confirmation by senate
49
what is an amicus curiae brief?
when a person or group who is not a party to an action but has a strong interest in the matter petitions the court to submit a brief to influence the decision
50
who wrote federalist 51? what was it about?
-james madison on the separation of powers
gov must be able to govern and control itself
ambition must be made to counteract ambition
checks and balances
51
what are the three theories of executive power?
- constitutional whig theory: hamilton and madison, president is limited to powers in the constitution
- stewardship theory: theodore roosevelt, president can do what is necessary if it doesnt contradict the constitution
- prerogative theory: john locke, president can do any actions for public good
52
what are government corporations? give 2 examples
- a legal entity undertaking commercial activity on behalf of the gov
ex: USPS, AMTRAK
53
bush vs gore
ruling: florida SC was inconsistent with federal statute requiring votes to be certified by December 12
significance: judicial review struck down state law in favor of federal ruling, bush wins election
54
marbury vs madison
ruling: marbury does not get federal commission (did not fall under jurisdiction of the court)
significance: SCOTUS held that a law passed by congress can be struck down, judicial review is born
55
baker vs carr
ruling: court must uphold constitution guaranteeing equal protection even if it involves a political question (regarding voting districts)
significance: JR review upholds constitution, one person=one vote
56
youngtown sheet and tube vs sawyer
ruling: truman cannot seize the steel industry to prevent a strike by the taft hartley act (ordered to use a court of injunction to stop strike)
significance: domestic powers, president may not act contrary to expressed will of congress in domestic affairs
57
korematsu vs U.S
ruling: president can segregate in wartime those who pose a menace to the national defense and safety
significance: wartime powers, thousands of japanese americans detained for several years
58
U.S vs Nixon
ruling: executive privilege must be balanced against a legitimate need for information in ongoing judicial proceedings
significance: executive privilege, nixons justification for confidentiality is insufficient, tapes released, nixon resigns
59
Clinton vs NY
ruling: line item veto is unconstitutional
significance: president must accept bill entirely or not at all
60
Clinton vs Jones
ruling: president is not immune from allegations prior to them entering office
significance: presidential immunity, president may not be compelled to testify but must still cooperate on his own terms
61
U.S vs Curtis Wright Export Corporation
ruling: president has inherent powers not in constitution
significance: inherent powers, congress must accord president a degree of discretion and freedom
62
hamdi vs rumsfeld
ruling: hamdi is entitled to due process to rebut charges
significance: presidential power and detainee rights, war is not a blank check for president when it comes to citizen rights
63
hamdan vs rumsfeld
ruling: habeas corpus cannot be suspended unless in domestic invasion
significance: presidential powers and detainee rights, due process guarantees apply to those held in US custody
64
Boumedienne vs Bush
ruling/significance: detainees can challenge detention in civilian courts, president cannot imprison someone and deny them the right to challenge it
65
major sources of revenue and expenditures for the gov
- revenue: taxes
| - expenditures: defense, social security, health, income security, education, agriculture, interest on debt
66
which case involved political questions?
baker vs carr
67
what is “standing to sue”
requirement that the person bringing forth a suit be a proper party to request adjudication (personal stake in outcome)
68
has any U.S president not been elected pres of VP
yes gerald ford
69
which case involved the Taft-Hartley Act?
youngtown sheet and tube vs sawyer
70
what was theodore roosevelts theory of presidential power
stewardship theory
71
which federal courts have original juridical? appelate?
- original: district courts
- appelate: circuit courts
- both: U.S supreme court
72
when did the ratification battle begin
october 1787
73
what was the first state to ratify and when did they do it
delaware, december 1787
74
in what too states did ratification initially not succeed
north carolina and rhode island
75
which four states were publicly opposed to the constitution
massachusetts, new hampshire, virginia, and new york
76
who had to be bribed for his support of the federal cause? and with what?
john hancock, with presidency or vice presidency
77
how many amendments did the ____ delegates propose for the constitution
virginia, 29
78
what state was last to ratify
rhode island
79
when does the supreme courts term start/end
october to june
80
when in session what two things take up most of the judges time
acceptance of cases and decision making
81
what is the rule of 4
if four justices believe that sufficient reason exists to warrant review of the case then it is placed on a docket
82
what are the 3 dockets of the court
original, appelate, and miscellaneous
83
when do the justices hear oral arguments
first 3 days of the first two weeks of each month
84
when judges are in conference discussiing a case how does the order go for who speaks
most senior to most junior
85
after preliminary votes on a case are taken what happens
someone is assigned to write a preliminary majority
86
what is a concurring opinion
when a justice agrees with the majority but for a different reason than the others
87
what is a dissenting opinion
when a justice disagrees with the court entirely
88
who are the two frequently cited examples of supreme court nominees whose policy orientation differed from their president
earl warren and william brennan
89
who was instrumental in shaping the famous brown vs education decision
earl warren
90
what four nominees were selected during the nixon years and why
warren burger, harry blackmun, lewis powell, and william rehnquist
chosen because they wanted to orient the court away from “soft on crime”
91
what was the biggest shock to president nixon in terms of a ruling
the unianimous ruling to U.S vs Nixon that forced him to turn over the white house tapes
92
the court moved towards a more conservative direction due to what
4 appointments made by ronald reagan in the 80s
93
“virtually all supreme court justices experience” what from their first term
a drift from preferences
94
who was the first hispanic justice? and who were they nominated by?
sonia sotomayor, president obama
95
why did the republicans criticize the court when sotomayor was nominated
they feared she was a “liberal activist” and that there would be potential racial bias
96
what was sotomayors most famous ruling
the one that ended the major league baseball strike of 1994
97
who is regarding as one of the courts liberal lions
justice stevens
98
what was unique about obamas second nomination elena kagan
she had no prior experience as a judge
99
what did the republicans criticize kagan over
becoming a liberal activist and they grilled her on gun/abortion rights and her decision as dean to ban military recruiters from using the resources at harvard law school
100
kagan was like marshall in what aspect
she was forced to recuse herself from a number of cases in which she participated as govs chief advocate before the court
101
what acts were passed under the FDR administration at the beginning of his time in office and why
national industrial recovery act, bituminous coal conservation act, and agricultural adjustment act
attempt to regulate several aspects of the depressed national economy
102
describe FDRs plan to fix the obstructionist supreme court during his presidency
plan for voluntary retirement of all justices at the age of 70 and if the justice did not retire the president could appoint a new judge for everyone over 70 that remained on the court (if worked would allow 15)
103
what was the purpose of FDRs supreme court plan?
administration of federal justice more speedier and to bring to the decision of social and economic problems younger men who have had personal experience with modern work circumstances
104
what is the “switch in time that saved 9”
the supreme court beginning to reverse is view of the new deal legislation
*court upholding minimum wage and federal law regulating labor relations
105
what is the judiciary act of 1801
created several new judicial posts that would be filled with people who supported adams
106
adams authorized 42 new justice of the peace positions. after thomas jefferson was inaugurated this led to what
led to marbury vs madison case in which marbury argued he had the right to the position he was granted even though it hadnt officially been sent out
107
what was marshalls main argument in marbury vs madison
congress had the right to regulate appellate jurisdiction of the supreme court but not its original jurisdiction
108
for what 3 reasons is marbury vs madison significant
first time court overturned an act of congress on the principle that laws not conforming to the constitution are null and void (judicial review)
the decision clearly held that the original jurisdiction of the supreme court is established on constitutional rather than legislative grounds (important because if congress could amend both jurisdictions court wouldnt be able to act)
the marbury decision provided an effective instrument to monitor state legislation and actions
109
how many times has the constitution been amended relating to presidential manners
5
110
what is the 12th amendment
requires presidential electors to cast 2 votes, one for president one for vice president
111
what is the 20th amendment
presidents term ends at noon on the 20th day of january (lame duck period of 2 months)
also first attempt dealing with presidential succession
112
22nd amendment?
limited to 2 terms as president person may be elected only once more if filling more than two years in an unexpired term
113
23rd amendment?
gave DC 3 electoral votes
114
25th amendment?
clarified VP succeeds president and that a vacancy in VP must be filled by presidential nomination and confirmed by both houses
clarified overall succession and procedures for disabled presidents
VP, speaker of house, senate president, state, treasury, defense, attorney general (in order cabinet position was established)
115
what are the jobs/powers of the president
commander in chief, chief executive (pardons, opinion of principle officers of their departments, nominations, appointments like ambassadors, power to fill vacancies that happen during senate recess), legislative leader (ability to give congress info), chief diplomat (make treaties, receive ambassadors/public ministers
116
what 4 presidents have used the veto extensively
andrew jackson, andrew johnson, grover cleveland, george h w bush
117
how many vetoes for andrew jackson? any important ones?
12, maysville veto was the first negative that turned more so on politics than constituionality (trend that presidents could institutionally affect policy making process via veto)
veto of bank recharter demonstrated that inner branch conflicts could be leveraged as an electoral tool
118
what reconstruction measures did johnson object to
freedmans bureau and civil rights act of 1886, led to his impeachment
119
how many vetoes did cleveland have
414, most directed at veterans seeming pensions
120
describe george h w bushs use of the veto
used it as threat to make democrats concede certain policies, when legislation that threatened conservative principles passed both houses bush vetoed it, only had 1 repeal
121
describe NLRB vs Noel Canning
this case was when obama (pres has the power to fill up vacancies during senate recess) appointed 3 people during pro forma (brief 3 day periods) sessions of the senate and the supreme court said while the president it allowed to fill vacancies a 3 day period is too short of a recess to do so
122
describe the USA patriot act
antiterrorism legislation that congress enacted in october 2001. republicans and democrats worked together to form legislation that promised a much more protecting federal government that would have major new powers over citizens and foreigners alike. “sunset law”
123
describe provisions of the usa patriot act
increased penalties: strengthened antiterrorism and effective death penalty act, federal crime to commit terrorist act against a mass transit system
Bioterrorism
attorney general can detain suspicious immigrants
eleiminated need for fbi to have probable cause before conducting secret searches
sneak and peak search warrant
computer monitoring of emails and etc
authorized intelligence officials to share info gained in terrorist investigations
treasury department require banks to determine the sources of large overseas private banking accounts
prohibited american banks from doing business with offshore shell banks
investigators could obtain authority from FISC the authority to wiretap suspects in terrorism cases
sunset provisions: expanded surveillance powers for tapping phones and computers would expire in four years although info from wire taps could be kept and used
124
what does CREEP stand for
committee to re-elect the president
125
what could watergate be compared to for nixon
waterloo
126
who let the media know about the white house tapes
alexander butterfield
127
why did vice president agnew resign from office
pleaded “no contest” to charges of income tax evasion and receiving payments from political cronies in maryland while VP
128
what is the saturday night massacre and what is its significance
president nixon ordered that special prosecutor archibald cox be fired (he was investigating the tapes)
this led to backlash from mass media and public and also instigated the house judiciary committee to begin inquiry into possible impeachment charges against president
129
what did the experts in charge of examining the tapes figure out?
someone had erased several minutes of a conversation the president had with chief of staff, led to indictments on the president
130
what was significant about the watergate scandal? what did it do?
ended one of the most serious scandals in american history, precipitated changes in campaign finance laws, and triggered increasing vigilance of public officials by mass media
also led to growing public cynicism about american politics
131
the starr report sought to substantiate how many grounds of impeachment on president clinton
4
132
what grounds did the starr report list for impeachment of clinton
perjury: clinton lied under oath to federal grand jury about relationship with lewinsky
obstruction of justice: conspired with lewinsky to devise a cover story and hide personal gifts
witness tampering: president tried improperly to influence the grand jury testimony of his personal secretary
abuse of power: abused constitutional authority by lying to public, impeding a criminal investigation, and invoking executive privilege to conceal personal misconduct
133
what was significant about the clinton impeachment scandal
the overwhelming amount of evidence
134
what is the tennessee valley authority act in 1933
it established the first government corporation, TVA embarked on power generation, hydroelectric projects, and flood control
135
name a couple gov corporations
usps, amtrak, fdic
136
why was FDIC established
it was made in response to to the thousands of bank failures across the country
137
what does FDIC pride itself on
no depositor in an FDIC insured bank has ever lost a single penny of insured funds
does not receive money from congress (funded by premiums from banks and other institutions to purchase insurance
138
what do usps and amtrak have in common
both rely on continued appropriations from congress
139
lockes thinking exemplifies what
individualist thought
140
rousseaus thinking emphasizes what
communtarian ideals
141
roussaeu and locke write about what
human beings in a state of nature as a precursor to discussing social contract
142
locke believed what rights were the most fundamental
life liberty and property
143
what did locke believe government was necessary for
to mediate conflicts between individuals
144
rousseau believed the political community is necessary for what
to fulfill inherent human needs
145
for rousseau the method by which individuals can be brought together into political community without sacrificing their natural freedom and equality is what
the social contract
146
what does locke believe the purpose of government truly is
to secure individual rights and liberties and that it cannot exercise power beyond that
147
what kind of government does rousseau believe to be the only legitimate one and how does this type secure freedom
democracy, and because people directly vote and decide
148
lovke believes what about gov reps
he believes we should entrust the government and pick representatives to choose and if they dont do a good job we resist
149
who is the father of the constitution
james madison
150
who wrote the virginia plan
james madison
151
james madison advocated for a ____ of ____ and ____
separation of church and state
152
what was james madison most concerned with regarding the states
that the tyrannical majorities would run over the liberties of those in the minority
153
what are some things the virginia plan had in it
gave federal gov greater powers to act and gave them a congressional veto on states
154
who became the main author responsible for drafting the bill of rights
james madison
155
what other positions did james madison hold in gov
secretary of state for jerfferson and 4th president
156
how long did justice rehnquist preside over the court and what record is it
19 years, 4th longest
157
what is unique about rehnquist
he was nominated without any prior judicial experience
158
what president nominated rehnquist and why
nixon, because rehnquist has good legal skills and a good judicial philosophy
159
rehnquist advocated for a philosophy of a _____ constitution
strict interpretation
160
rehnquist advocated for what
a greater balance of power between the states and federal gov
161
what significant change did rehquist make to court work load
cut amount of cases in half
162
what justice established judicial review
john marshall
163
what principle did marbury vs madison establish
that federal courts and the justices of the supreme court have the ultimate power to interpret and enforce the dictates of the constitution
164
what 3 basic propositions did marshall enact in marbury vs madison
legislature that is repugnant to the constitution is void
it is the duty of the judicial department to say what the law is
if courts are to hold constitution superior then the constitution must govern the case to which they both apply
165
what philosophy was john marshall associated with and what did this philosophy empahsize
judicial nationalism, emphasized popular sovereignty and national gov was over the states
166
what things did marshall argue for
that fed gov powers are derived directly from the people and that the constitution needed to be flexible to meet the changing demands of the people over time
167
what did marshall believe the primary tool for updating the constitution should be
the frequent actions of the supreme court justices to breathe life into it
168
who was the youngest president
roosevelt
169
what was the theory that roosevelt used
stewardship theory
170
what did roosevelt believe was the presidents most sweeping powers
commander in chief
171
what did roosevelt accomplish in terms of executive power
he greatly broadened its use in whatever manner necessary to serve the people
172
“the interpretation of the laws is the proper and peculiar province of the courts. constitution is a fundamental law”
alexander hamilton
173
“the authority therefore given to the supreme court by the act to issue writs of mandamus to public officers appears not warranted by the constitution”
john marshall in marbury vs madison
174
“but the great security against a gradual concentration of the several powers in the same department consists in giving to those who administer each department the necessary constitutional means and personal motives...ambition must be made to counter act ambition”
madison in federalist 51
175
“even though theater of war be an expanding concept we cannot with faithfulness to our constitutional system hold that the commander in chief of the armed forces has the ultimate power as such to take possession of private property in order to keep labor disputes from stopping production”
youngstown sheet and tube vs sawyer from justice black
176
“absent a claim of need to protect military, diplomatic, or sensitive national security secrets, we find it difficult to accept the argument that even the very important interest in confidentiality of presidential communications is significantly diminished by production of such material for in camera inspection”
US vs Nixon from justice burger
177
“is there is to be a new procedure in which the president will play a different role in determining the final text of what may become a law such change must come not by legislation but through the amendment procedure sset forth in article V of the constitution”
clinton vs new york from justice stevens
178
“congress must accord the president a degree pf discretion and freedom from statutory restriction which would not be admissible were domestic affairs alone involved...dealing with exclusive power of the president as the sole organ of the federal government in international relations”
new york times vs united states from warren burger
179
“we hold these truths to be self evident that all men are created equal that they are endowed by their creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness”
thomas jefferson declaration of independence
180
“each state retains its sovereignty, freedom, and independence, and every power which is not by this confederation expressly delegated to the united states”
10th amendment by james madison
181
“in most cases comity and respect for federalism compel us to defer to the decisions of state courts on issues of state law but there are a few exceptional cases this is one of them”
bush vs gore from justice rehnquist
182
“we therefore hold that a citizen detainee seeking to challenge his classification as an enemy combatant must receive notice of the factual basis for his classification and a fair opportunity to rebut the governments factual assertions before a neutral decision maker”
hamdi vs rumsfeld from justice kennedy
