Friday, December 5, 2008

President's Power to Detain

Does the President have the right to detain a U.S. citizen indefinitely? The Supreme Court has agreed to hear the case concerning Ali al-Marri to decide. The thought of a U.S. citizen being detained indefinitely is repulsive. It has always be the right of Americans to have a speedy trail as well as a representative. Are there any circumstances that could legally change that constitutional right? The war on terror has been a confusing one and the politics surrounding it are extremely murky. The President has taken a more assertive role as the executive of this nation but has he taken it too far. Many would say yes. I am undecided. However I do believe the President does not have the right to detain an American citizen for as long as he likes. The founders gave the Executive Branch of the government limited powers for a reason. The President's power as Commander in Chief does include detaining persons of national threat in times of war however the person in question should be charged with a crime and sent to the judicial system. It should not be within the President's power to be judge and jury, which is essentially what is happening in this case. This topic is a sensitive one but I am convinced that the President's power does not include indefinite detention of an American citizen. How can the Presdident have the right to take away our rights as Americans? It is not constitutional for the President to detain a U.S. Citizen without charging them with a crime and trying them for that crime.

1 comment:

jasonhol24 said...

This is a response to the Presidents Power to Detain.
Rachel,
I completely agree with you about the President and his right to detain American citizens, but here’s my take on the situation. First I want to say that if al-Marri had anything to do with the 9/11 attacks then they (in my opinion) could hold, question, and torture him and I couldn’t give a crap about it. Anyone who had any thing to with that needless waste of human life disserves worse than that (again in my opinion.) But as for the President, he’s the President, and can do almost any thing that he wants to, and if he so chooses, no one would ever know about it. That’s the beauty about the job, he has so much pull and control over what goes on, and no one could really do a damn thing about it. Yes the person should be thrown into the judicial system, but that’s what “Gat-mo” is for, that’s their judicial system. If they wanted they could “lose” a person in the system and no one would know any better. And because Bush is the president, and because we are in a state of war, he can hold anyone for as long as he wants as long as he thinks that they still have information on any national security matter. Well it has been a pleasure, and good luck (to all of you) in the future.

Jason H.