Can also provide some outlines from the class if the would help. Consider Hamdi v. Rumsfeld as presented in the case book and notes 1 to 7 that follow the case. Yasser Esam Hamdi, an American citizen, was alleged to have taken up arms with the Taliban fighting US forces in Afghanistan. He was detained in Afghanistan, transferred to the prison in Guantanamo, Cuba, and subsequently to a naval brig in Charlestown, South Carolina. The United States government maintained that Hamdi was an enemy combatant and this status justified holding him . . . indefinitelywithout formal charges or proceedingsunless or until it makes the determination that access to counsel or further process is warranted p. 356. Hamdis father filed a writ of petition for habeas corpus on the behalf of his son. Question #1: What is the significance of the Courts decision in Hamdi v. Rumsfeld? Question #2: To what extent does it challenge presidential preeminence in foreign affairs based on decisions in United States v. Curtis-Wright Export Corporation and Youngstown Sheet & Tube v. Sawyer? Question #3: To what extent should the United States Supreme Court incorporate international conventions and treaties in its decisions?
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