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
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Running head: CORPUS 1 Suspension of Habeas Corpus Linda Nance POL 201 – American National Government Instructor: Jamie Way August 12, 2013 Running head: CORPUS 2 Suspension of Habeas Corpus Introduction: According to the United States Constitution, a prisoner has the right to appear in court to find out the reason that they are being detained. If the prisoner feels that they are being detained unlawfully, they can file a petition, with the help of legal
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to evoke their rights of habeas corpus in an attempt to get U.S. Federal Courts to hear their cases (Jackson, 2010). The general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties: In today's legal definitions, habeas corpus is the right of an individual who is incarcerated to question their dentition before a judge to validate the legitimacy of their being detained (Primus, 2010). Habeas corpus provisions are found throughout
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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
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In this paper I will be explaining the history of Habeas Corpus and its evolution through the years. I will explore the origin of habeas corpus, what role it plays in our country, and the action that is currently being taken regarding it. I will also be delving into the way that the Bush administration dealt with the writ of habeas corpus. Since the U.S. Constitution was written, the writ of Habeas corpus has been considered one of the most basic and fundamental guarantees of civil liberty that
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Habeas Corpus Paper By definition the word Habeas Corpus mean “you have the body”, is a term that represents an important right granted to individuals in America and other nations (Kelly, 2014). 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
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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
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writ of habeas corpus directs a person, usually a prison warden, to produce the prisoner and justify the prisoner's detention. If the prisoner argues successfully that the incarceration is in violation of a constitutional right, the court may order the prisoner's release. Habeas corpus relief also may be used to obtain custody of a child or to gain the release of a detained person who is insane, is a drug addict, or has an infectious disease. Usually, however, it is a response to imprisonment by
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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
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a check on Executive power in the realm of detention. The plurality argued that executive power cannot take away the ability for a citizen to challenge the factual basis of his detention, even if he is an enemy combatant, by the great writ of habeas corpus. That same day in 2004 when Hamdi v. Rumsfeld was decided, the court also decided In Rasul v. Bush, which clarified the jurisdiction of U.S. courts over Guantanamo Bay, as well as any foreign nationals who were detained by the U.S. Government
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