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Prisoners in Guantanamo Bay, Cuba, have a

a) constitutional right to go to federal court to challenge their continued detention.
b) constitutional right to go to international court to challenge their continued detention
c) constitutional right to go to state court to challenge their continued detention
d) none of these

1 Answer

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Final answer:

Prisoners in Guantanamo Bay have the constitutional right to go to federal court to challenge their continued detention, as established by the Supreme Court case Boumediene v. Bush in 2008.

Step-by-step explanation:

In the context of the detainees at Guantanamo Bay, Cuba, the Supreme Court clarified their rights under United States law.

The landmark case Boumediene v. Bush, 553 U.S. 723 (2008), established that foreign terrorism suspects held at Guantanamo Bay have the constitutional right to challenge their detention in United States courts via habeas corpus.

Despite earlier arguments by the Bush administration against the applicability of constitutional rights to these detainees, the Supreme Court ruled that due to the United States' control over Guantanamo Bay, the detainees had the right to challenge their detention.

This decision overturned the administration's position that detainees could be held indefinitely without trial as enemy combatants, a policy that strained the conception of human rights and judicial oversight in the context of the war on terrorism.

Therefore, the answer to the student's question is that prisoners in Guantanamo Bay, Cuba, have a) constitutional right to go to federal court to challenge their continued detention.

correct option b) constitutional right to go to international court to challenge their continued detention

User Andrei Stefan
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