Briefly describe the four major Supreme Court cases during the George W. Bush administration. How did these cases lead to legislative reforms? Did these reforms expand or contract the powers of the president or Congress? How did these rulings impact the Obama administration?

Question

What will be an ideal response?

Answer 1

Answers should identify the four Supreme Court cases: Rasul v. Bush, Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush. In both Rasul and Hamdi, the Supreme Court addressed the prisoner’s right of habeas corpus. In Hamdan, the Court ruled on the legality of placing Guantanamo detainees on trial before a military commission, and in Boumediene, the Court again ruled on the rights of detainees (including the right of habeas corpus). The Hamdan case led the president to push Congress for legislative reform, which resulted in the Military Commissions Act of 2006. The act enabled the president to interpret the meaning and application of the Geneva Conventions (which was later partially overturned by the Boumediene case). Answers should address that when Obama entered office in 2009 he issued three executive orders regarding detainees at Guantanamo Bay. Despite the orders and with regards to the Supreme Court’s earlier rulings, members of the CIA and Pentagon officials successfully convinced the president to maintain the military tribunals.