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American Civil Liberties

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American Civil Liberties and the War on Terror
Christy Holman
POL 201
John Zurovchak
May 13, 2013

American Civil Liberties and the War on Terror The September 11, 2001 terrorist attacks on our nation were the first time that communist or terrorist factions from abroad were able to penetrate our shores to strike us on our own soil. This horrific day signified the end of the thoughts of many Americans that we as citizens were untouchable. Many different arguments and legal debates have come out of the war on terror that quite frankly, we really do not understand. Should people who have been accused of committing crimes against the United States or its citizens be granted the civil liberties that the Constitution provides for United States Citizens? Should the Writ of Habeas Corpus be extended to people who are deemed illegal or enemy combatants to the United States of America? Habeas Corpus is an inalienable right that should be extended to all who are accused of crimes by the United States Government. The origins of Habeas Corpus precede the year 1215 and show evident in the language of the Magna Carta (Nutting, 1960, pp. 527-543). The exact language of the reference in the Magna Carta is “No free man shall be taken or imprisoned or dissiezed or exiled or in any way destroyed except by the lawful judgment of their peers or by the law of the land.” The practice and right of Habeas Corpus was settled practice and law at the time of Magna Carta and was part of the unwritten common “law of the land” as was expressly recognized by Magna Carta (Nutting, 1960, pp. 527-543). The basis of Habeas Corpus provides that no person will be imprisoned without being judged by a court or have correct due process as guaranteed by the Constitution. Habeas Corpus actually came to us from England. The Habeas Corpus Act was actually passed by the English Parliament into law in

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