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What Happened to Separation of Powers? - University of California - socsci uci

What Happened to Separation of Powers? - University of California - socsci uci 2025

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The document discusses the implications of the separation of powers in the context of the indefinite military detention of U.S. citizen Jose Padilla following the September 11 attacks. It argues that President Bush's actions to classify Padilla as an enemy combatant and detain him without due process violate constitutional principles. The article analyzes legal standards, including the Non-Detention Act and the Authorization for Use of Military Force (AUMF), concluding that neither Congress nor the Constitution authorized such detention, emphasizing the need to uphold fundamental rights and maintain checks on executive power.

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