"We have long since made clear that a state of war is not a blank check for the President when it comes to the rights of the Nation's citizens. . . . [A] citizen-detainee [must] receive notice of the factual basis for his classification, and a fair opportunity to rebut the Government's factual assertions before a neutral decisionmaker."
— Justice Sandra Day O'Connor, plurality opinion in Hamdi v. Rumsfeld (2004)
Which of the following historical developments is most directly reflected in the excerpt above?
- AA desire to return to absolute isolationism and avoid all foreign alliances to prevent future overseas conflicts.
- The ongoing debate over the balance between national security and constitutional civil liberties.Cevap
- CThe successful application of the Cold War containment doctrine to suppress non-state terrorist organizations.
- DA foreign policy shift prioritizing unilateral preemptive military actions against nation-state adversaries.
Cevap
The ongoing debate over the balance between national security and constitutional civil liberties.
The excerpt from the plurality opinion in Hamdi v. Rumsfeld directly illustrates the post-9/11 debate over the limits of executive power when national security concerns conflict with constitutional protections. The Court's statement that war is not a 'blank check' for the president shows how the judiciary sought to maintain constitutional civil liberties, specifically due process, during the War on Terror.
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Anahtar Kavram
The domestic debate over civil liberties and national security in the post-9/11 era.
Tahmini Süre:1m 30s