The War against Terror as War against the Constitution
Journal
Canadian Review of American Studies
Publisher
University of Toronto Press
ISSN 0007-7720 (Print)
1710-114X (Online)
Issue Volume 38, Number 1 /2008
Category
Articles
Pages
101-117
DOI 10.3138/cras.38.1.101
Online Date
Thursday, July 31, 2008
Authors
Jackson A. Niday, II
Abstract in English | in French
This essay examines rhetorical dynamics in the
2004 US Supreme Court case Hamdi v. Rumsfeld. News reports suggested the court split 8-1 or 6-3. However, case texts show substantive disagreements created a 4-2-2-1 split in the court. Moreover, while the justices on the bench split into four camps rather than two, those camps were not defined along ideological lines. This essay argues that pragmatism, the legal philosophy that held sway in the case, achieved practical expediency at the expense of judicial and constitutional coherency. In the end, the court found a majority through neither persuasion nor principled conviction but, rather, through reluctant compromise in order to achieve a partial resolution rather than none. In other words, argumentation failed and consensus followed from necessity rather than persuasion. The essay explores the question of whether constitutionally guaranteed civil liberties were violated in the ruling.
The War against Terror as War against the Constitution - Canadian Review of American Studies - Volume 38, Number 1 /2008 - University of Toronto Press < click
......
Hamdi v. Rumsfeld
Yaser Esam Hamdi in Camp X-ray, Guantánamo Bay, Cuba
Yaser Esam Hamdi is a citizen of the United States who was born in Louisiana in 1980 and moved as a child with his family to Saudi Arabia.[1]
In the late summer of 2001, Hamdi at the age of 20 went to Afghanistan, traveling on his own for the first time. He was doing relief work for less than two months before being captured by the Afghan Northern Alliance. They turned him over to U.S. military authorities during the U.S. invasion.[2] He was classified as an enemy combatant by the U.S. armed forces and detained in connection with ongoing hostilities.[3]
Hamdi's father said that Hamdi had gone to Afghanistan to do relief work and was trapped there when the U.S. invasion began.[4]
https://en.wikipedia.org/wiki/Hamdi_v._Rumsfeld < click
BUT WE SAID IT WAS (is) ALL OKAY TO DO.
ENHANCED INTERROGATION (
TORTURE) IS COOL.
WE HAVE TO GET THE EVILDOERS.
[video=youtube;SBJJ9Bgv0uw]http://www.youtube.com/watch?v=SBJJ9Bgv0uw[/video]
Donald Rumsfeld : both enhanced interrogation (TORTURE) and Guantanamo bay are necessary
enormously important and effective.
MORE FAULTY INFORMATION FOR DONNIE.
Top Interrogation Experts Agree: Torture Doesn't Work ...
georgewashington2.blogspot.com/.../top-interrogation-experts-say-tortur...
Apr 23, 2009 - This is not just because the old hands overwhelmingly believe that torture doesn't work — it doesn't — but also because they know that torture ...
Neuroscience:Torture Doesn't Work and Here's Why - The Daily Beast
www.thedailybeast.com/newsweek/2009/09/21/the-tortured-brain.html
Sep 20, 2009 - Extreme pain and stress can actually impair a person's ability to tell the truth.
Torture Doesn't Work, Neurobiologist Says | Harper's Magazine
harpers.org/blog/2009/09/torture-doesnt-work-neurobiologist-says/
Sep 22, 2009 - Advocates often portray torture, like waterboarding, as black magic that quickly enables the interrogator to break through his subject's defenses ...
Torture is not wrong, it just doesn't work, says former interrogator ..
etc.
k....back later to see if we have the NAMES OF THE 9-11 TERRORISTS.
hopefully not the ones
who are still alive.
they clearly didn't do it, since they weren't killed in the attack.