...Civil Liberties, Habeas Corpus, and the War on Terror U.S. Presidents have been known to assert their presidential prerogative in times of crisis. Their decisions, sometimes haste and irrational, were rarely challenged by the Supreme Court because of extenuating circumstances. Over the years, our nation’s leaders made the tough decisions that raised eyebrows in the Supreme Court and caused confusion among the American public. The latest battle that has our nation in an uproar is terrorism. Since the attack on September 11, 2001, the American government has exercised its powers to detain suspected terrorist or illegal combatants for the sake of national security. Such actions violate the right of habeas corpus which grants detainees due process in court. Is it a question of what is right according to the executive powers of war or the right of habeas corpus? The need to explore the right of habeas corpus is an understatement; during the war on terror, it was simply an afterthought. Habeas Corpus has evolved over the course of history but still holds the same core principles. Unlike the evolution of man, habeas corpus has been subjective to interpretation and uncertainty of its true meaning. The Habeas Corpus Act 1679 was passed during the reign of King Charles II by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, a procedural device to force the courts to examine the lawfulness of a prisoner's detention...
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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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...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 cases where habeas corpus was suspended...
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...A Writ of Habeas Corpus as outlined in our book 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" (Rohde, S 2010). 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 using the Writ of Habeas Corpus as a way of examining the surroundings of an individual’s confinement by the lower courts (Farrell, B...
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...Civil Liberties, Habeas Corpus and the War on Terror American National Government Civil Liberties, Habeas Corpus and the War on Terror Introduction The constitution of the US grants every citizen civil liberty and freedom. According to the Habeas corpus, a person should not be detained without a just and legal cause. It is a legal precedent that evolved in both the English and American traditions. The Habeas corpus is an important individual right in the US constitution that supersedes the other first ten amendments. However, Habeas Corpus is significant when combating terror. Thesis statement: the non-American terror suspects have the civil right of habeas corpus. The writ of habeas corpus According to the constitution of the US Article One and Section nine, “an accused individual has the right of habeas corpus unless when in cases of rebellion or invasion the public safety may require it" (Mason, 2011, p.12). As earlier defined and described, the accused persons have the right of habeas corpus that allows their detention to be interpreted in courts of law to establish whether they are being held legally. Nevertheless, the right of habeas corpus safeguards the civil liberties because it is the foundation of our constitutional democracy. Notably, the right of habeas corpus protects individuals from unlawful imprisonment at all times including war on terror. The US constitution ingrains the right of habeas corpus in order to protect detainee's civil...
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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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...Habeas Corpus and Civil Liberties Rick Green POL 201 Professor Hass January 21, 2013 Habeas Corpus and Civil Liberties Imagine living life without the rights and liberties that Americans have always enjoyed. There are people all over the world that do not enjoy those rights that were cherished by the Framers of the United States Constitution. Some even say there are people under the jurisdiction of the United States that do not enjoy those rights. The War on Terror has brought a new debate to the forefront of American public discussion; what do we do with detained terrorists? Can the United States prove that they are terrorists? Are detainees afforded the same rights as American citizens and what role does the writ of habeas corpus play? The Supreme Court has decided on a few cases and has answered a few questions, but the debate still rages. Under the precedent set by Ex Parte Quirin and the Military Commissions Act of 2006, combatants captured in the War on Terror are unlawful combatants against the United States and therefore do not have the right of habeas corpus. To begin the argument on how habeas corpus and civil liberties relates to the War on Terror, we must first look at the history and the meaning of habeas corpus. Very simply defined, many people view the writ of habeas corpus, “as the ‘writ of liberty’ which ensured that no person could be detained in prison without being put to trial by a jury of his peers,” (Lobban & Paul, 2010, p.257). This simply...
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...Civil Liberties, Habeas Corpus, and the War on Terror POL201: American National Government Instructor: Civil Liberties, Habeas Corpus, and the War on Terror This paper will talk about the right of habeas corpus in the context of the war on terror. I will explain the historical evolution of habeas corpus as well as explain of its evolution within the American tradition and will include the general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties. I will provide examples from U.S. history of the suspension of habeas corpus and their applicability to the present. Analyze the relevance of habeas corpus to the contemporary U.S. situation during the war on terror, especially with respect to persons characterized by as enemy combatants or illegal combatants. I will be evaluating a minimum of four perspectives on this topic expressed by justices of the Supreme Court, leaders in other branches of government, and commentators in both the academic and popular media; 1.)The role of the President as Commander-in-Chief, 2.) The role of Congress in determining when habeas corpus can be suspended, 3.) The role of the Supreme Court in protecting civil liberties, including the judicial philosophy which should guide the Court in this role, and 4.) The last topic will include my evaluation and personal philosophy, values or ideology about the balance between civil liberties and national security in the context...
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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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...The war on terror is a main stream topic. Shall no free man be taken or imprisoned? Unlawful or illegal combatants are civilians or citizens deciding to take part in armed conflict in violation of the laws of war. For these types of people, GITMO, would be like a nation who didn’t honor habeas corpus… people would simply disappear into the prisons without ever having their day in court. (J. Weinerman 2012). War on terror, habeas corpus, and civil liberties are serious headlines and I will discuss how all of these subjects share their relationship. "Habeas Corpus" is a Latin phrase which means "you have the body." It is the right by which a person can go to court and challenge the validity of his/her imprisonment. In the Anglo-Saxon law, habeas corpus is the oldest human right. It even preceded the British Magna Carta of 1215 CE. The latter confirms the right by stating: "No free man shall be taken or imprisoned ... except by ... the law of the land." 2 This particular freedom has been in our history’s timeline for years to come. "According to Utah State Courts, habeas corpus is a civil proceeding used to review the legality of a prisoner's confinement in criminal cases. Habeas corpus actions are commonly used as a means of reviewing state or federal criminal convictions. The petitioner alleges the convictions violated state or federal constitutional rights. State habeas proceedings start in state District Court; federal habeas proceedings start in federal District Court."...
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...HABEAS CORPUS AND THE WAR ON TERROR Renita Redding Instructor: Cindy Campbell POL 201 April 27, 2015 A writ of habeas corpus is a judicially enforceable order issued by a court of law, this orders that is given to a prison officer, that orders a prisoner to brought to court to determine if the prisoner has been justly imprisoned and should the prisoner be released from prison. This order takes place by a prisoner petitioning the courts for a hearing about his imprisonment. According to The Constitution of the United States of America, it is the right of a prisoner to show evidence to prove that they have been unjustly imprisoned. The sole purpose of the habeas corpus was to ensure that the government from holding a prisoner indefinitely without being charged or taken before a judge. Our forefathers believed that habeas corpus was so important that they made provisions for it in the first article of the United States Constitution. This paper will explore habeas corpus and the war on terror. Historians believe that the first time the term “habeas corpus” was known was around 1305 in England. It is thought to have been a part of the Magna Carta, signed into law by King John. The original wording of Article 39 of the Magna Carta, stated, “No freeman shall be taken, or imprisoned, or disseized, or outlawed, or exiled, or in any way harmed- nor will we go upon him- save by the lawful judgement of his peers or by the law”, Mcelroy, W. (2009). The Magna Carta was rewritten in...
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...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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...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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...HABEAS CORPUS AND THE WAR ON TERROR POL 201 AMERICAN NATIONAL GOVERNMENT JEFFREY LONG JANUARY 27, 2014 September 11, 2001 has brought about many changes in the form of how the country protects itself from terrorists. In particular, how we handle individuals captured and labeled as enemy combatants. The United States Naval Station in Guantanamo Bay, Cuba(GITMO) is land leased to the United States under the Cuban-American Treaty of 1903 for the use of coaling and a Naval station. Since 2002, the naval base has operated a detention camp for alleged enemy combatants captured in Afghanistan, Iraq, and other places. Legal issues surrounding the imprisonment without due process is an argument that has continued since the opening of this 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...
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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...
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