Hamdi's Arguments

classification in court and even if those individual enemy combatants had such right’s, a written statement from the administration explaining the reasons for detention would be enough evidence for the administration to support the label as an enemy combatant for those individual’s.
The argument Hamdi’s attorney Frank Dunham presented stated the following: That Hamdi was not correctly classified an enemy combatant. Congress had not authorized the indefinite detention of citizens. In this case the administration has no right to detain people indefinitely and those who are detained have the right to challenge the accusation in court. The argument also stated that the court should allow both sides of evidence to be presented.
The decisions made by the justice’s were as following: Justice Scouter and Justice O’Connor decided concurring in judgment that the government had failed to show that the Force Resolution which …show more content…
Also stated that congress can calm the protections where the demand of war prevents that and it must occur under the constitution’s suspension clause under article 1 section 9 and clause 2. Lastly, if civil rights are to be reduced during wartime, it must be done openly and as the constitution requires rather than silently through the opinions of the court. In Justice Thomas’s dissenting judgment, it is stated that there is no reason to remand the case and that the habeas claim should fail because the executive branch had acted through the president’s constitutional powers in which the president had declared Hamdi as an enemy combatant and that Hamdi should be detained. Justice Thomas states that the federal government’s power should not be balanced by the court, and the plurality fails to address the government’s