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Bobby Bronner's Legal status
What is a lawful permanent resident?
Case: The government may not try a civilian in a military tribunal if civilian courts are open and functioning.
What is Ex Parte Milligan
President Lincoln ordered a blockade of Southern Ports.
What are the Prize Cases?
A formal legal objection
A demurrer
Case: Unlawful enemy combatants CAN be tried by military commissions
Ex Parte Quirin
Unlawful combatants who enter US soil can be tried by military commissions.
1942: 8 German agents secretly landed in US with the mission to destroy war-related industrial facilities, transport systems, and infrastructure
The Supreme Court ruled that the President had the authority to institute a blockade without a formal declaration of war by Congress
What are the Prize Cases
This case ruled: "The President is the sole organ of the nation in its external relations, and its sole representative with foreign nations."
What is United States v. Curtiss-Wright Export Corp?
Case that held to use the plain meaning of the Section 19 of the Immigration Act of 1917
What is Costanzo v Tillinghast?
A royal document sealed by King John of England at Runnymede on June 15, 1215, established the groundwork for Due Process
The government relied on this congressional authorization as the statutory basis for detaining Hamdi.
Authorization for Use of Military Force (AUMF).
A Case where an Italian citizen living in the United States was arrested for managing a prostitution house
What is Costanzo v Tillinghast?
Establishes the executive branch of the federal government, which is responsible for carrying out and enforcing national laws
What is Article II of the Constitution?
Case where German military personel attempted to sabatoge the American Government
What is Ex parte Quirin?
Section II of Article II of the Constitution defines this
which case: "a state of war is not a blank check for the president when it comes to the rights of the nation's citizens"
Youngstown v. Sawyer co
Curtiss-Wright Export Co illegally sold arms to this country.
What is Bolivia?
May Congress and the president of the United States, through the Articles of War and executive orders, constitutionally place unlawful combatants on trial before a military commission for offenses against the law of war?
What is Ex Parte Quirin?
Executive Order passed by President DeNolf that orders the Attorney General of the US to ID, remove, and detain non-citizens with criminal records or pending criminal charges whose presence the AG deems detrimental to national security
What is EO 15,000?
Protection against Terrorism EO
The length that Bronner has been held for
What is 12 months/a year?
What are the 3 considerations of the Mathews Test?
1. an individual's deprivation of a private interest
2. effects of an erroneous action
3. government interest
The Supreme Court distinguished Ex Parte Quirin from this famous 1866 Civil War case, which had ruled that civilians could not be tried by military commissions when civil courts were open
What is Ex Parte Milligan?
Case holding that the prolonged detention during removal proceedings doesn't create a constitutional right to a bond hearing
What is Banyee v Garland
The 3 zones of presidential power
1. zone 1- maximum (congress + president)
2. zone 2 - zone of twilight (congress silent)
3. zone 3 lowest ebb (congress opposes)
This case was decided via plurality
What is Hamdi v Rumsfeld?
The government uses these laws/acts to justify the legality of their continued detention of Bronner
Article 2, 1021(c)(1) of the NSAA, ATA clause 3.