...BOUMEDIENE V. BUSH 2 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...
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...Habeas Corpus and GITMO prison Kirsten Nix POL 201 American National Government Instructor Jamie Smith March 17, 2013 Habeas Corpus and GITMO Prison When a terrorist decides to end the lives of many innocent citizens of the United States, do they deserve the right to be treated as a citizen of the United States? Do they deserve the right to a fair hearing? Some of you may say yes they do. While I can understand your point of view, even the justice system is not perfect. Innocent people have been falsely persecuted, just as guilty people have been mistakenly deemed innocent and let go. Are the repercussions of a mistrial of a terrorist worth it? They will be set free only to kill more innocent American citizens. I do not believe this is what the Framers of the United States Constitution had in mind when they put the Writ of Habeas Corpus into the Constitution. After reading this, I hope you will get a better idea of the benefit of Habeas Corpus to American citizens and why it should not apply to terrorists. The Writ of Habeas Corpus is a legal phrase that is originated in Latin. The phrase means “that you have the body”. Another name used for the Writ of Habeas Corpus is “great writ”. This writ is for anyone who is illegally detained against their will. The writ is directed toward the captors and demands them to bring forth the prisoner at a set time and place. Hence the meaning “that you have the body”. This Latin...
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...The Writ of Habeas Corpus and the War on Terror Charles Chamberlin POL201 Prof. Jason Weinerman 5/12/14 Introduction The basic right to question the government and hold it accountable is a basic hallmark of American Government. The right of the individual to question those in power, whom, according to the US Constitution, are there to represent and/or serve the public, is what makes the American construct unique. Our strength as a nation is manifested in the fact that we even treated our enemies within the rule of the law, even when the Great Writ was suspended. The Writ of Habeas Corpus which is the right to question and challenge the grounds in which our government holds a sovereign free American citizen against their will, is among our most basic fundamental rights. In the following pages, we will explore the history and what has caused us to stray from this ideal and, perhaps, instill the idea in the reader that all American citizens and aliens detained under suspicion, no matter the circumstance, must be treated justly. History of Habeas Corpus The right...
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...POL 201 American National Government The Privilege of the Writ of Habeas Corpus POL 201 American National Government Instructor: Professor D B Aug 12, 2013 The Right of Habeas Corpus is derived from the Latin meaning “you have the body.” The meaning according to the U.S. Constitution is the right of any person to question their incarceration before a judge. The detainees of war are entitled to habeas corpus because the authorized use of military force does not activate the Suspension Clause, holding them indefinitely is a violation of the Due Process Clause, and it is undetermined whether the detainees are prisoners of war or citizens suspected of treason. As citizens of the United States we must consider if it is legal for the U.S. government to detain a person without Due Process or Habeas Corpus in any circumstances. The term “habeas corpus” is believed to have first appeared as early as 1305 as a concept as part of the common-law tradition at a time of Magna Carta, signed by King John, the law states “No freeman shall be taken, or imprisoned, or disseized, or outlawed, or exiled, or in any way harmed—nor will we go upon or send upon him—save by the lawful judgment of his peers or by the law.” McElroy W. (2012). This later in the seventeenth century was re-written and used to assistance by the lawyer and politician Sir Edward Coke. In 1628 he helped to draft the Petition of Right, which became a foundation of the document...
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...Habeas Corpus POL 201 Instructor Burrus May 5th, 2014 Habeas Corpus Habeas Corpus has been around a very long time and has been very controversial as of late. With the war on terror and the many debates about the rights of said terrorists, it has become the spotlight amongst those who demand reform or better clarification of Habeas Corpus in terms of those deemed as enemies “without borders.” In this paper I hope to explain how Habeas Corpus came about as well as its historical purposes. Along those lines I hope to generally define the term/topic as well as how it protects civil liberties other than those aforementioned in this paragraph. Along with some specific examples and how it was suspended in certain scenarios, I will also analyze its relevance to terrorists, or those marked as enemy combatants. I will also shed some light on a few perspectives from scholarly resources. Habeas Corpus has been around since the 16th century back in England when there were still monarchies in power. It was created in order to get rid of what was called the “STAR chamber.” They were “controlled by the crown and held sessions in secret, meting out severe punishments.” (Funk & Wagnalls 2009) Habeas Corpus writs came about in 1641 due to unfair and unjust imprisonments in England. In America, we adopted habeas corpus from Europeans when we broke away in independence. It is a piece of our Constitution and is very clear to whom it applies to. The writ of Habeas Corpus was amended...
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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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...Civil Liberties, Habeas Corpus, and the War on Terror Robin Blankenship POL201: American National Government (GSI1325J) Instructor Amy Lyons January 22, 2013 In our Nation’s history, we have to consider the legality of the Government’s concerning our civil liberties. The habeas Corpus Act and the War on Terror are full of facts and issues that have brought me to address areas that cover the historical evolution, the suspension of habeas corpus, the importance of this act and the evaluation from different perspectives such as the media and the U.S. Supreme Court. Habeas Corpus is a most extraordinary court order of the judges’ power over a human being. “The Habeas Corpus Act passed by Parliament in 1679 guaranteed this right in law, although its origins go back much further, probably to Anglo-Saxon times. It is Latin for "you may have the body” It is a writ which requires a person detained by the authorities be brought before a court of law so that the legality of the detention may be examined.”(BBC NEWS) Habeas Corpus stemmed from the legal traditions of English law, and the Framers of the United States acknowledged the importance of the law. The United States followed and studied this tradition focusing mainly on the effects of the American Civil War, adopting it as “The Privilege of the writ of Writ of Habeas Corpus shall not be suspended unless when in cases of Rebellion or Invasion the public Safety may require it.”(Revised 9/11) Habeas Corpus is in direct...
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...facility. This essay will argue why the rights afforded by the Constitution should be afforded to detainees at GITMO in terms of habeas corpus. Habeas corpus is a demand by a court to a jailer to produce the prisoner and announce the charges(Levin-Waldman, 2012). Derived from English common law, habeas corpus first appeared in the Magna Carta of 1215 and is the oldest human right in the history of English-speaking civilization. The doctrine of habeas corpus stems from the requirement that a government must either charge a person or let him go free. The Bush administration’s decision to incarcerate enemy combatants at GITMO without habeas corpus has tested the scope and commitment of this constitutional right(Schultz, 2011). This right is clearly stated in Article 1, Section 9 of the constitution that habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it. The Bush administration’s argument for denying habeas corpus stems from the Supreme Court’s ruling of the 1950 case of Johnson vs Eisentrager in which Eisentrager and 20 German war criminals were denied the writ of...
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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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...the case heard. And also to protect them against illegal imprisonment for the crime that is suspected to be committed. In 1215 when the Magna Carta was written by Nobles because of the abuse they were taking from the kings of their areas. It was written to set up rules to be governed by and allow the land owners to have rights under said Kings. One of these rules was. “No freemen shall be taken or imprisoned or disseized or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land” (1215). This is considered the earliest mention of the idea for what habeas corpus is built upon. In the United States in the US Constitution and the Bill of Rights amendment V states, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...
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...The Right of Habeas Corpus POL201: American National Government Instructor: Farrell Binder October 27, 2013 The meaning of Habeas Corpus originates from a Latin word meaning “you have the body” (National Archives). It refers to the right of a person to question their imprisonment before a judge. The abuse of the right of habeas corpus has not been the most severe of civil liberties granted not to Americans only, but many other countries. The right of Habeas Corpus defends a prisoner. It gives a prisoner an opportunity to prove that their guaranteed rights to fair treatment in a trial was not given to them. The concept initially became a law in the 17th century in England when Catholics were considerate disloyal to the throne of King Charles II. It precedes the Magna Carta in 1215. It isn’t an original American concept. It became a law in the west when England parliament decreed the Habeas Corpus Act of 1679 (http://www.constitution.org). In 1861 right after the start of the American Civil War President Lincoln ordered a suspension of Habeas Corpus. It only applied to Maryland and parts of the Midwestern states. John Merryman, a Maryland secessionist, was capture by Union Troops. The Chief Justice and Supreme Court overlooked Lincoln’s order of suspension and demanded that the military bring Merryman before the court. Lincoln and the military then ignored their ruling. Chief Justice Taney governed Lincoln’s suspension unconstitutional. The first real act of Habeas Corpus...
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...Habeas Corpus POL201: American National Government Instructor: Paul Edleman Kimberly Rice December 17, 2012 Habeas Corpus in Latin, means, “You have the body.” In this paper I intend to inform the reader of the meaning of Habeas Corpus and its relationship to our civil liberties. I will also cover the revolution of habeas corpus; both the English and American traditions that have affected habeas corpus will be covered also. I will talk about the influence that the new threats of war on terror and the consequential changes of law that have affected habeas corpus currently. The general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties is that habeas corpus protects a prisoner and it also allows a prisoner to indicate that his/her constitution guarantees rights to a fair trial. Habeas corpus is a writ that was formed as a Habeas corpus Act in 1679 and is used to keep an individual from being unlawfully imprisoned. Habeas corpus is very important when it comes to the prisoners questioning why they are being held or imprisoned. There are five writs; the first writ is the petition for habeas corpus which is when a prisoner raises doubt about the legality of his/her imprisonment. Next is writ of habeas corpus, which is the order to be brought to court. Then there is Mandamus, which in Latin, means, “We Command”. This is an order from the Supreme Court or High court to lower court or tribunal...
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...Guantanamo & Habeas Corpus Stanley Rowe Instructor: Carol Parker POL201: American National Government (ACK1514E) May 4, 2015 September 11, 2001, who will ever forget that date? I know that I won’t. I was a junior in high school and all of sudden the school went into automatic “lock down mode.” Not really understanding what was going on, until teachers turned the televisions on channels liken CNN, FOX News, and the local news station. That’s when we saw scrolling at the bottom of the screen, “Breaking News: THE UNITED STATES OF AMERICA HAD BEEN ATTACKED BY TERRORIST.” Some students were sitting in the classroom confused and afraid, some began to cry, some prayed, and some were silent. This was actually my first time fully understanding what terrorism was and what it looked like and I learned a lot of respect for the term “habeas corpus.” In this paper, I will discuss how habeas corpus came into existence, the case involving the detainees at Guantanamo Bay, and the revellance of habeas corpus with the commander-in-chief. Habeas corpus is an issued order of legal action for which unlawful detainees and prisoners can seek relief for unlawful imprisonment. (http://www.law.cornell.edu/wex/habeas_corpus ) Derived from English common law, habeas corpus first appeared in the Magna Carta of 1215 and is the oldest human right in the history of English-speaking civilization; which was signed by King John. He stated, "No man shall be arrested or imprisoned...except by the lawful...
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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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...Civil Liberties, Habeas Corpus, and the War on Terror Amy K. Breitkreitz POL201: American National Government Instructor Jimmie McKnight February 9, 2015 A Writ of Habeas Corpus is that of a legal act that calls for an individual under seizure to be brought in front of a court of law for an inquiry to essentially decide if they are guilty or not of the suspected crime (Levin-Waldman, 2012). The Writ of Habeas Corpus explicitly brings up the right to contest one's arrest and imprisonment. It is also a way for the government to force an individual to come before the courts. By permitting an independent judge to analysis the legitimacy of the individual’s confinement and instruct that the detainee be freed if the circumstances are unlawful, habeas corpus functions as a safeguard against unlawful seizure, arrest, and torture. While habeas corpus has been upheld as a fundamental right of the imprisoned, this safeguard has been obstructed throughout our history, making the habeas corpus right, at times, a subject of our desire for refuge during times of emergency. The beginnings of habeas corpus can be traced to the year 1215 in the 39th article of the Magna Carta signed by King John, which says that: "No man may be restrained or confined except by the lawful declaration of his peers or by the decree of the land" (Farrell, 2009). At first, habeas corpus was a resource used to summons an individual before the courts. However, by the turn of the 14th Century, higher courts were...
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