Hamdi v. Rumsfeld (2004) talks about how the government is seeking to get an individual who is a terrorist. They ask if the detention of citizens falling in the terrorist category is authorized. The state of war is not a blank check for the President, they still need to think things through and get it approved. When individual liberties are at stake all three branches of government should be involved (or so it says). Habeas Corpus allows for the Judicial Branch to come in and provide some role in balancing of government. Hamdi had the right to access counsel in the proceedings. Hamdan v. Rumsfeld (2006) is about how the military commission and how it lacks the power go on because of its “structures and procedures violate both the Uniform
