Separately, it also bears emphasizing that, if the Sixth Amendment categorically did not apply to non-citizens who were not lawfully present within the territorial United States, then Chief Justice Stone would have had no need separately to analyze the jury trial provision as distinct from the right to counsel, confrontation, and so on. Either way, though, this only goes to further underscore the uncertainty that hangs over the commissions.I think this is an easy question; there may be readers who think it's easy in the other direction. And if it's not clear whether or to what extent the Sixth Amendment applies to these proceedings, one can only imagine the other issues that could arise when (if? It may well be that the new policy goes away for reasons having nothing to do with its inconsistency with the Sixth Amendment.Many students do not know how to best prepare for law school final exams (in part because law schools do not teach students this! In this post, we break down the process of answering law school exam questions into a few simple steps.
Steve Vladeck is a professor of law at the University of Texas School of Law.
To use IRAC one essentially fills in the blanks of the following formula for each issue that one spots: “The issue is ___________. A court would analyze it as follows: [apply the law to the facts].
In conclusion, ___________ will likely win.” The IRAC method, in its most basic form, is not the best way to answer exam questions. However, it is a great start for learning how to answer law school exam questions.
Below the fold, I attempt to explain why this is, at minimum, an open question (albeit one that I think should be answered in the affirmative).
To date, no court has reached the question of whether any of the Sixth Amendment applies at Guantanamo (, of course, appears to stand for the proposition that the Fifth Amendment's Due Process Clause does not apply).