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Constitutional Law Keyed to Farber
Hamdi v. Rumsfeld
Citation:542 U.S. 507 (2004)
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
After the terrorist attack of 9/11, Congress passed a resolution – the Authorization for Use of Military Force (AUMF) – authorizing the President to use all necessary and appropriate force against nations, organizations, or persons that he determines “planned, authorized, committed, or aided” in the attacks. As part of this response, President Bush ordered an invasion of Afghanistan to attack al Qaeda and the Taliban regime that had harbored al Qaeda. Hamdi, an American citizen, was captured in Afghanistan and after some intermediate stops was detained at a naval brig in South Carolina. Not charges were brought against him. His father filed a habeas corpus petition on his behalf and asserted that Hamdi went to Afghanistan to do relief work two months before September 11 and could not have received military training.
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