...Civil Liberties, Habeas Corpus, and the War on Terror POL 201: American National Civil Liberties, Habeas Corpus, and the War on Terror Habeas Corpus is a term unlikely known to many detainees in Guantanamo Bay. The war on terror has gone from protecting our country from terrorist, to slowly but surely doing onto these detainees what other tyrants were doing before us. Habeas Corpus is a law that was placed in the constitution in order for guarantee that no one would be held prisoner without a trial. According to the constitution the writ to Habeas Corpus is implemented to prevent tyranny and false imprisonments. In the length that our nation has been around there has only been three instances in which the habeas corpus writ was suspended. The first was after the civil war (during the reconstruction) and most recently during the War on Terror. The War on Terror has brought the Habeas Corpus writ into different perspective when it was approved that the writ be suspended for prisoners in Guantanamo Bay (GITMO). The Bush administration went under severe scrutiny after choosing GITMO as a detention center for “enemy combatants/illegal combatants” and suspending the Habeas Corpus writ to them. There had been no legal aid provided so that the detainees could attempt to prove innocence. In the over zealous need to prevent further terrorist attacks in a way we condoned terrorist like ideals. In 2008, the verdict in Boumediene v. Bush the Supreme Court ruled against the Bush administration...
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...The War on One’s Individual Liberty and Freedoms Nadira R. Brown POL 201 Professor Dovie Dawson April 15, 2013 The War on One’s Individual Liberty and Freedoms Have you ever felt like a piece of cheese on a mouse trap just waiting for that mouse to come by and eat you; maybe even a fly stuck in a spider’s web hoping that you can get away? Well I am sure if I had been one of those people in the mist of the chaos on September 11, 2001 that had changed the life of all Americans’ across the country. I would have felt no bigger than that piece of cheese or that fly caught in the web. We were victims of a horrific terrorist attack that shook the very core of our foundation as a country. Twelve years later we are still recovering from this horrendous act. We have been fighting the war on terror for ten years. This is one of the longest wars that the United States has ever fought. While the war rages on the boundaries between national security and civil liberties are blurred. “The big threat to America is the way we react to terrorism by throwing away what everybody values about our country—a commitment to human rights” (Kennedy, 2007). Individual liberties and freedoms are important since without them one can be held indefinitely. Habeas corpus does not infringe upon a person’s civil liberties. In addition, habeas corpus allows an individual to question why they are being detained and ensures that detainees have a right to a fair trial; it is considered to be one of the foundations...
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...to the numbers in the first column. Not all terms will be used. Definitions Terms 1. H Engaging in sexual activities for something of value A. Disorderly conduct B. Breach of peace C. Loitering D. Treason E. Perjury F. Contempt G. Obscenity H. Prostitution I. Exploitation J. Illegal entry into the US K. Terrorism L. Sedition M. Delirium tremens N. USA Patriot Act O. Unlawful assembly P. Confiscation Q. Habeas corpus 2. A Specific, purposeful, and unlawful behavior that causes public inconvenience, annoyance, or alarm 3. D An overt act that is an attempt to overthrow the government 4. F Deliberate conduct calculated to obstruct or embarrass a court of law or a judicial officer 5. J Defendant is not a U.S. citizen and is found in or enters the United States 6. B A public offense done by violence, or a disturbance of public order or tranquility 7. L A communication or agreement intended to defame the government or to incite treason 8. O A gathering of three or more people for the purpose of committing an unlawful act or a lawful act in a violent, boisterous, or tumultuous manner 9. C The act of delaying, lingering, or idling about without a lawful reason for being present 10. Q A writ used by prisoners to challenge the nature and length of their confinement 11. G Offensive photos, movies, or other works that are often sexual in content that are judge immoral by community standards...
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...Habeas Corpus and the War on Terrorism By Robert Hawkins POL201: American National Government Instructor: Russel Riggs March 18, 2013 The Term “Habeas Corpus” comes from the Latin term meaning "have the body". Habeas Corpus is considered to be one of the most fundamental guarantees of personal liberty. Its roots come from England and are found all throughout our history, such as the Civil War and currently the War on terrorism. The Writ of Habeas Corpus specifically refers to the right to challenge one's detention. It is also the state's ability to force someone to appear in court. By allowing an independent judge to review the basis of a person’s detention and order the detainee’s release if the grounds are unlawful, habeas corpus serves as a bulwark against arbitrary arrest, torture, and extrajudicial killings. This right, whose evolution was largely driven by historic struggles to impose limits on the power of the monarch, is today widely protected in domestic and international law. It was common in England, in the period of the conflict between Protestants and Catholics, to be held indefinitely in the Tower of London without trial. Political prisoners disappeared because they had not broken the law, but have opposed the crown's policies. When the term first came into widespread use in medieval England, a "writ of habeas corpus" was simply a subpoena. A king or local official could impose a "writ of habeas corpus" to force someone to appear and testify...
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...Luis Garcia Dr. Martin English 1301 24 October2013 Enemy Combatant or Terrorist?: A Designation Makeover This current “War on Terror” is not a familiar feat for the United States of America. For the past 12 years The U.S has had to constantly adapt and develop new operating procedures. The difficulty of this war derives from it not being a conventional war. We are fighting an enemy (Al Qaeda, Taliban, etc.) that has taken guerilla warfare to a whole new level. This enemy has gone from crashing planes into the Twin Towers to placing I.E.D’s (improvised explosive devices) in the streets of Baghdad without any regard to the welfare of its own civilians. There is no doubt this is a complicated war, so complicated that our nation has even struggled with the finer designation of those we are combating. “Enemy combatants” and “Terrorists” are classes we are battling with every day yet still struggling to justly categorize them in legal terms. The vagueness on the definition of “Enemy Combatant” and “Terrorist” has led to voids and abuse of these terms. This in turn has produced an inconsistency on combat operations and legal categorizations. It is often said old men declare wars and young men fight them. This is even more the case in our present conflict with there being over ten significant court cases that have shaped our rules of engagement in fighting on the battlefield (Garrison 449). It can be strongly argued that the fights in the court room are becoming as important as...
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...The Jurisdiction of Rights Allotted to Prisoner of War Shane Smith Abstract The jurisdiction and control of prisoners of war have historically been left solely to the military forces that held them captive; the application of rights and treatment being guided and controlled by various treaties and conventions signed by governments. This straightforward, conventional process was, and is, undisputable and logical in its application when it is applied in a conventional ‘civilized’ war; there is room for improvement, but it works. On the contrary, when fighting an unconventional war, with non-state sponsored combatants, the policies need to be reassessed. The Jurisdiction of Rights Allotted to Prisoner of War Our history shows a pattern of war making that is clearly defined, easy to follow, and reasonably undisputable: declaration of war, combat, surrender, treaties and or rebuilding. During the combat phase enemy combatant prisoners are taken, either by force or surrender, and both sides can agree that this is a better alternative to killing. With the exception of prisoner exchanges, these prisoners are held until the conflict is completed. At that time the general prisoners are released and those accused of war crimes are tried. Note that this is not policy, just a general pattern, but it works for a conventional war, a war where the losing side surrenders and both sides announce a cease fire. The problems arise when fighting an unconventional war, such as...
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...Habeas Corpus: An Ancient Law Evolved POL 201: American National Government Habeas Corpus: An Ancient Law Evolved Habeas Corpus is a law that ensures that a person who is arrested or restrained is brought before a judge or court. Should there be a lack of evidence the prisoner will be released. Habeas Corpus can be sought by a prisoner or by the prisoner’s representation. Habeas Corpus has been said to be “the ultimate lawful and peaceable remedy for adjudicating the providence of liberty’s restraint.” (habeascorpus.net) Considering the fact that numerous people have suspended Habeas Corpus or have suspended it for certain individuals, is it still the “ultimate and peaceable remedy” that it used to be? Evolution of Habeas Corpus Habeas Corpus is an ancient common law which originates in England. The precise origin of Habeas Corpus in uncertain but it does appear to be mostly from an Anglo-Saxon origin. Habeas Corpus does date back to before the Magna Carta. (habeascorpus.net) The principle effect of Habeas Corpus was ultimately achieved in the Middle Ages. This was does by employing the use multiple writs. The sum of the writs essentially gave the same effect as the modern day Habeas Corpus. (habeascorpus.net) The Writ of Habeas Corpus was established to create a check of power for the state. It also preserved the rights of individuals from the arbitrary powers of the King, his Court, and his Counsel. (habeascorpus.net) Parliament enacted Habeas Corpus in 1679, codifying...
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...“The government may not deprive citizens of “life, liberty, or property without due process of the law” (N.A, 2010). When interpreted this means the government has laws to follow before a person can be determined innocent or guilty if either aren’t proven the detainee must be let free. This paper is going to attempt to analyze the historical evolution of Habeas Corpus; give examples from history of the suspension of Habeas Corpus, as well as analyzing it relevance. Habeas Corpus derived from English common law and first appeared in the Magna Carta of 1215 and is the oldest human right in history. Habeas Corpus translated means “you should have the body” habeas corpus is a legal action, or writ, by which those imprisoned unlawfully can seek relief from their imprisonment” (N.A, Habeas Corpus-The Rutherford Institute, 2015). Habeas Corpus was extremely important to the Framers of the Constitution from their personal experiences. When one was capture they were considered either an enemy combatant, imprisoned indefinitely and denied the opportunity to have a fair trial. It became increasing to the founders to protect the American people from such atrocities. March 4, 1801 President Jefferson in his first inaugural addressed the necessity of habeas corpus. President Jefferson belief was found the “freedom of person under the protection of the Habeas Corpus; and trial by juries impartially selected” (N.A, Habeas Corpus-The Rutherford Institute, 2015). There have been only two...
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...constitutional standards and civilized means of interrogation? To answer these questions and others let us look at our history as well as review how our courts have viewed cases and situations that have arisen from actual war and the war on terrorism. Looking at the history of the United States it can be seen that the framers of the Constitution took civil liberties and civil rights into consideration when writing the Constitution and the Bill of Rights. Article I Section 9 of the Constitution states “The Privilege of the Writ of Habeas Corpus shall not suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” This writ is issued to determine if a person has been afforded due process of the law and to prevent unlawful imprisonment. It literally means “you should have the body.” (Unknown, 2013). The writ has been mentioned as early as the fourteenth century in England. The English people lived with the knowledge that they could be arrested and imprisoned by the king until they rebelled and insisted on fair and just treatment. After the colonies won their independence from England and settled their internal differences they set about establishing their own rules and regulations. Knowing the importance of fair treatment they incorporated not only section 9 of Article I of the...
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...ABOUT THE BRENNAN CENTER FOR JUSTICE The Brennan Center for Justice at New York University School of Law is a non-partisan public policy and law institute that focuses on fundamental issues of democracy and justice. Our work ranges from voting rights to redistricting reform, from access to the courts to presidential power in the fight against terrorism. A singular institution – part think tank, part public interest law firm, part advocacy group – the Brennan Center combines scholarship, legislative and legal advocacy, and communications to win meaningful, measurable change in the public sector. ABOUT THE BRENNAN CENTER’S LIBERTY AND NATIONAL SECURITY PROJECT The Brennan Center initiated its Liberty and National Security project two years ago to foster better public understanding of the importance of accountability, transparency, and checks-and-balances in the formulation and implementation of national security policy. We have since been at the forefront of advocating for sound, rights-respecting policy prescriptions based on broad public participation and informed discussion. Our staff engages in a spectrum of public education, legislative advocacy, litigation and scholarly activity. ABOUT THE AUTHOR Jonathan Hafetz is Litigation Director of the Liberty and National Security Project at the Brennan Center. He is actively involved in post-9/11 litigation involving detainee rights and other national security issues, and is lead counsel in several leading detention...
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...these enemy forces has brought about a large debate among, mostly, the Executive branch and the Supreme Court. At the center of the debate is the rights of the enemy detainees. The Supreme Court argues that because their detention is at a location that is under the complete control of the United States, their rights are blanketed under the Suspension Clause of the Constitution and as such, they should be granted the right to seek Habeas Corpus. The Executives maintain that unlawful enemy combatants have no rights under the Constitution of the United States and that the President retains full control over their detention. This paper will look at the English and American background of Habeas Corpus and how it plays into the landscape of war today. I will also briefly look at past suspensions of the writ, as well as the perspectives of the Executive, Legislative, and Judicial branches and how the writ applies to alien enemy combatants. I will also offer my own perspective on the same. Quite simply put, an unlawful enemy combatant caught fighting against the United States oversees and brought to a location that the U.S. does not have sovereignty over, should not be afforded the same rights as the citizens and alien residents of our great nation that they fight against. The ‘Great Writ’ of Habeas Corpus has its’ roots in English Common Law dating back as early as the 13th century. The literal meaning in Latin is “to have the body” which quite basically obliged that the jailor bring the...
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...Natural law was developed by Thomas Aquinas, in which he believed that there is such a thing as natural moral law that all humans can live by. Natural law ethics depends on the belief that the world was designed by a creator, a God. It teaches everything God made has a purpose, including every aspect of human life, and everything should work towards the purpose assigned to it. If we fulfill this purpose we do ‘good’, for example it is good to preserve life (Do not kill). If we debate the purpose for which something has been created then it is morally ‘wrong’, to destroy life is against the will of good. Aquinas’s theory can be understood in two ways: As an aspect of divine providence and as a system of practical reasoning. As an aspect of divine providence Aqunious breaks law down into two levels. The first and highest of these types of law is eternal law. Eternal law is law set by God, that is God’s plan for a rational life. In this aspect Aqunious states that humans are the only creatures God has created who are capable of understanding their place in the order of creation. Therefore humans are the only beings that can knowingly act according with the laws of nature instead of just acting out of instinct. Because of this according to Aqunious the telos of man is to reflect upon God. The second type of law is Natural law. Natural Law’s primary precept is to do good and avoid evil. Aquinas on the subject of wether natural law has different precepts states that “law is a kind...
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...thinking about himself and he really didn’t care about the job. It was not fair that the other workers had to always pick up his slack. I don’t think that he was considering what others were feeling and that is not a good co-worker. I don’t blame him all the way because the job let him continue to be absent and they continued to give him days off. He should have been fired or replaced. I think that St Augustine would have fired him and let him learn the consequences because Augustine feels that we learn from life lessons. He thinks that we should always be aware of the choices that we make because God set the plans for us through the bible and we should live by them. St Aquinas thinks that we can learn from mistakes. I think that he would have maybe put him on probation and gave him a couple of ultimatums. Aquinas doesn’t think that we should always make one pay or feel guilty about their actions. He...
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...Thomas Aquinas and His Use of the Scholastic Method Hayden Robinson World Civilizations The Scholastic Method is a way of proving a theory proposed by another scholar in a series of comparison, argument, and compromise. One well known user of this method was the scholar Thomas Aquinas. In Thomas’ book Summa Theologica, he proves that the existence of God is self-evident using this. Thomas offered The primary question that will be made an example of will be Question 2: The Existence of God. Seeing the Scholastic Method in these three articles will be an easy feat. With reading what he writes about and paying close attention to how he writes it, one can see strong elements of Scholasticism in his method of proving that God exists. Article One states the objections of the existence of knowledge, that God is “known”, as well as the existence of truth. Thomas gives these objections as examples proving that God’s existence is self-evident. He also states possible counter-examples so he may effectively counter the counter-examples with his “I answer that”. This statement of counter-examples show Scholasticism by making an agreement between two sides of the argument. Which is why he uses counter-examples as the “other side” of the argument that God’s existence is self-evident. Another form of the Scholastic Method is other books and or philosophers. Like one quote, Aquinas uses the verse Hebrews 11:1 which says “faith is the substance of things hoped for, the evidence of things...
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...A Brief Look at Happiness If nothing else, one thing can be said about happiness: If individuals are happy and they know they are happy, they should clap their hands. While the intent of this simple statement is merely to amuse children, developing true happiness is thought by many to be very difficult. Also, happiness is often falsely recognized and misinterpreted. Therefore, being truly happy and knowing you are truly happy are very loaded concepts. The object of this paper is to analyze and compare the thoughts of three philosophers’ whose remarks on happiness have been most influential for centuries after their time. They are Aristotle, St. Augustine, and St. Thomas Aquinas. Although I do not have the perfect understanding of happiness and believe no one does, I believe that each of their approaches to happiness hold a common theme that must be inconsistent with true happiness. They base happiness ultimately on self fulfillment. One of the earliest to ask the question ‘what is happiness?’ was Aristotle, who, in a manner typical of philosophers, before providing an answer insisted on making a distinction between two different questions. His first question was what was meant by the word ‘happiness’—or rather, its ancient Greek equivalent eudaimonia. His second question was where happiness was to be found, that is to say, what is it that makes us truly happy? Reasonably enough he thought that it was futile to try to answer the second question without having given thought to...
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