Question: respond to Case #2 Answer each question posed in the case 2. In the wake of the disastrous events of 9/11, President George W. Bush
respond to Case #2 Answer each question posed in the case 2. In the wake of the disastrous events of 9/11, President George W. Bush and his advisors were concerned that the United States might be subject to further devastating attacks. Accordingly. President Bush released an executive order that authorized the establishment of a series of Military Commissions located at Guantanamo Bay designed to try individuals who were suspected of committing acts of terrorism. The order read in part, "To protect the United States and its citizens, and of the effective conduct of military operations and prevention of terrorist attacks, it is necessary for individuals subject to this order pursuant to section 2 hereof to be detained, and, when tried, to be tried for violations of the laws of war and other applicable laws by military tribunals." The president released the order under the authority of the Constitution making him Commander and Chief of the Armed Forces of the United States (Article II, Section 2, Clause 1); by the authority of the Uniform Code of Military Justice (UCMJ) (Title 10, U.S. Code, Sections 810 and 836); and by the authority granted to him under the Authorization of the Use of Military Force Resolution, a Joint Congressional Resolution. The Joint Resolution gave the president the power to use "all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons." Salim Ahmed Hamdan, Osama bin Laden's chauffeur, was charged with conspiracy to commit acts of terrorism. He filed for a writ of habeas corpus, challenging the legality of the president's executive order. The case ended in the lap of the U.S. Supreme Court. The Bush administration filed a motion, under the Detainee Treatment Act (DA) of 2005 forbidding the inhumane treatment of prisoners at Guantanamo, but also limiting their access to both legal representation and the federal courts. The administration's motion asked the Supreme Court to have Hamdan's case dismissed. Which of the two core theories of executive power would best defend President Bush's executive order? Explain. [See: Hamdan v. Rumsfeld, 548 U.S. 557 (2006); G. W. Bush, "Detention, Treatment, and Trial of Certain Non-Citizens in the War against Terrorism," Military Order, November 13, 2001; Authorization for the Use of Military Force, Joint Resolution of the 107th Congress, U.S. Public Law 107-40, signed into law on September 18. 2001; and Kirsten Soder, "The Supreme Court, the BUsh Administration, and Guantanamo Bay,' Stockholm International Peace Institute (SIPRI) Background Paper, January 2009.]