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One particular case that has changed the Constitutionality of law would be the the case of Boumediene v. Bush. The questions that stand would be. How do you justify any rights?
Who has protection under the Bill of Rights? This modern day challenge first, would be a concept of Separations of Powers.
Lakhdar Boumediene originally a citizen of Bosnia and Herzegovina, but born and raised as Algerian native. Boumediene had many commitments as an adult such as having many humanitarian causes. He worked for “Red Crescent Society of the United Arab Emirates”(Boumediene and the Meanings of Separations of Powers in Emergency Law). Lakhdar Boumediene also served as an director humanitarian, providing assistance to children who lost family members during Balkan attacks and conflicts, and this is when he became a citizen of Bosnia in 1998.
“In early October 2001, less than a month after the al Qaedas attacks of September 11, 2001 in the United States”(My Guantanamo Nightmare). Intelligence Analysts officers of the United States Embassy had concerns about a plot on another al Qaeda attack on the embassy in
Sarajevo. As the Intelligence Analysts Officers request Bosnia arrested Boumediene and five other Algerian born, but Bosnian citizen acquaintances.
In January of 2002 Supreme courts of Bosnia explained the there was no evidence to incarcerated the six men and ordered that the charges are dropped and the six men released. Once Boumediene and the five men were released from Bosnia custody the American Forces seized the six men and transported them to the Guantanamo Bay Detention Camp which was on a United States Navy base in Cuba. Boumediene was held there and interrogated with out being charged.
During the Summer of 2004 while in placement at the camp in Guantanamo Bay, Lakhdar Boumediene “ filed suit against the United States government with the help of the Center of Constitutional Rights and a team from Wilmer Cutler Pickering and Hale, challenging their detention
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without charges and claiming the protection of habeas corpus”(The Justice Campaign). “Boumediene case in which the Federal District Court, held that the Military Commissions Act(MCA) of 2006 Which prevented foreign nationals held by the United States as “enemy combatants” from challenging their detentions in U.S. Federal Courts , was an unconstitutional suspension of the writ of habeas corpus guaranteed by the United States Constitution”(Boumediene v. Bush Law case. Britannica). Although, the petition was put in place the detainees were being abused and tortured, techniques that “ many Guantanamo interrogators ( including psychologists and psychiatrist) were trained by Survival – Evasion – Resistance – Escape (SERE) instructors. They had experienced in the Joint Personnel Recovery Agency (JPRA), which over saw SERE training”(The Justice Campaign). There were eleven main forms of torture for interrogation which include sexual assault/ humiliation, sleep deprivation, sensory deprivation, solitary confinement, mock executions, forced medication, intimidation with the use of dogs to scare detainees, extreme temperatures, sensory bombardment of noise, watching others being tortured, psychological techniques. Which were inhumane and unnecessary to the detainees while being held with any charges.
Boumediene at this time went on a two year hunger strike while detained simply, because of the unknowing of the reason of his incarceration. He suffered a broken nose from insertion of a feeding tube that was placed, “twice a day he was strapped into chair at times his feeding would go into his lungs instead of his stomach Boumediene could not explain this issue due to having a mask on.”(My Guantanamo Nightmare)
Since the petition was filed it was not accepted, and denied due to the fact that the camp was outside of the United States territory and for that reason it was not within courts jurisdiction. Although there were hundreds of detainees at the camp and many petitions, “congress passed the Military Commission Act which removed the federal courts of jurisdiction to hear habeas corpus petitions for BOUMEDIENE V. BUSH 4

the foreign detainees who had been designed enemy combatants according to procedures established in the Detainer Treatment Act of 2005.”(Boumediene v. Bush Law case. Britannica Encyclopedia) The United States court of Appeals for the District Columbia circuit upheld the Constitutionally of the MCA.
The petitioners argue to no avail to power to grant writ / 2241(e)(1). In the second the judge held that the Detainer had due process rights. Also “ the petitioners have the constitutional privilege of habeas corpus. They were not banned from seeking the writ of invoking the Suspension Clause protection because they have been designed as enemy enemy combatants due to their presence at Guantanamo.” (Boumediene v. Bush supremecourt.gov)
The Suspension Clause