• March 13th, 2016

Detention of Terrorists

Paper, Order, or Assignment Requirements

Respond to one of the two primary posts listed below. .

Post 1: In his dissenting opinion in Boumediene, Chief Justice Roberts stated that, “One cannot help but think that, after surveying the modest practical results of the majority’s ambitious opinion, that this decision is not really about the detainees at all, but about control of federal policy regarding enemy combatants.” Why did the Chief Justice state this? Do you agree? What was the primary basis for the Chief Justice’s dissent? Include your own analysis from Hamdi. You may also use material from Justice Scalia’s dissent to support your answer. (300 words)

Post 2: Using Justice Jackson’s tripartite framework, argue (1) whether Korematsu was correctly decided from a legal/constitutional perspective and (2) whether you agree with the decision from a personal standpoint. Without in any way offering an opinion of my own, I encourage you to try your best to separate your legal analysis from your personal feelings. Include biblical arguments to support your answer. (300 words)

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