|
I going to have to say you are wrong as far as Padilla is concerned. The circumstances surrounding his arrest and designation are complex as he was a citizen, but precedents stemming from historical cases like Ex Parte Quirin, only it was not Quirin rather Haupt I believe, was a citizen who forfeited his status. At any rate arresting a citizen based on the designation of an "illegal combatant" is contentious, as such Padilla served alot of time in part due to a stay of ruling by the courts, namely inpart on the Solicitor General. As it goes, from what I understand there was alot of confusion surrounding Padilla's detention in that the jurisdiction was also messed up, improper authorities were filing if memory serves, that another reason why he served so much time in limbo. At any rate, long story short, you are well within your rights to contend that he was held against the constitution, but federal courts at all levels would seemingly disagree with you. Padilla is a new precedent in American law, that's why there was so many problems surrounding the whole situation.
__________________
To win a war you must serve no master but your ambition.
|