How can we justify the war on terrorism abroad when the war was brought to our door steps with very little remaining abroad but some small resistances? This may be a difficult question to answer but it is one that can be easily found through understanding of the criminal mind and the way the terrorists work. The main objective here is to show how the war is going and how the terrorists were classified as such. I will also be providing information on Habeas Corpus both past and present as well as what it means both in English and American traditions. Furthermore the way everything will be written will answer very specific questions asked and I shall answer them.
The first portion of the essay is about the history of habeas corpus and how it came to be. This is an act that originated back in 1863 to suspend the right to trial if you are found guilty of treason or terrorist actions against the United States and it is enacted by the president when the necessity arises (Habeas Corpus Act of 1863. (2009). Given that this is a mandate from the president himself courts as well as judges who have issued a writ must suspend it until the president has resumed the use of habeas corpus.
The habeas Corpus is a tradition that celebrates as liberties ultimately safeguard (Fallon Jr., R. H. (2010). Liberty when referring to imprisonment without judicial hearing is the reason why habeas corpus is enacted on behalf of the prisoner or by the prisoner itself. The ones being denied this right at this moment are the “enemy combatants” or “illegal combatants” who have been imprisoned without a hearing due to their alleged crimes. This is a country with many laws and civil liberties along with implied liberties based on the constitution and the bill of r...
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... Act of 1863. (2009). Habeas Corpus Act of 1863, 1.
Fallon Jr., R. H. (2010). THE SUPREME COURT, HABEAS CORPUS, AND THE WAR ON TERROR: AN ESSAY ON LAW AND POLITICAL SCIENCE. Columbia Law Review,110(2), 352-398.
Sutton, J. (2012, April 19). Two Guantanamo Uighur prisoners head to El Salvador. Chicago Tribune News. Retrieved from http://www.chicagotribune.com/news/sns-rt-us-usa-guantanamo-salvadorbre83i1ha-20120419,0,1170410.story
CORBETT, R. J. (2012). Suspension of Law during Crisis. Political Science Quarterly, 127(4), 627-657.
Pond, B. C. (2009). Boumediene v. Bush: Habeas Corpus, Exhaustion, and the Special Circumstances Exception. Brigham Young University Law Review, 2009(6), 1907-1933.
Jennifer K. , E. (2010, February 03). Enemy combatant detainees: habeas corpus challenges in federal court . Retrieved from https://www.fas.org/sgp/crs/natsec/RL33180.pdf
The book raises the importance of, and questions, the writ of habeas corpus. Carter used a writ of habeas corpus to get a federal trial. Many question the legality of Carter going into federal jurisdiction, when his case should have been heard before the Supreme Court of New Jersey. It was a gamble, but the federal judge gave fair justice to Carter and Artis. The State of New Jersey appealed the case all the way to the United States Supreme Court, which upheld the District Court’s ruling.
One of President Lincoln’s most notable infringements was his suspension of the writ of habeas corpus. Within months of taking the presidential oath, Lincoln ordered the suspension of habeas corpus, citing “supra-constitutional reasons for taking unilateral executive action.” Attorney General Edward Bates’ defense of Lincoln’s actions regarding habeas corpus in which he refers to it as a privilege rather than a guaranteed civil liberty serves as basis for proving the illegitimacy of this act. If the writ of habeas corpus, which protects citizens from unlawful imprisonment, is viewed in the manner that Bates (and Lincoln for that matter) refers to it, one of the most basic constitutional liberties of a right to trial can easily be deprived and can very well devolve into despotism later
Gunther, G. (1991). Constitutional Law. Twelfth Edition. New York: The Foundation Press, Inc. pp. 1154-1161.
Schultz, David, and John R. Vile. The Encyclopedia of Civil Liberties in America. 710-712. Gale Virtual Reference Library. Gale Virtual Reference Library, n.d. Web. 18 Mar. 2010. .
Rostow, Eugene V., "Great Cases Make Bad Law: The War Powers Act" (1972). Faculty Scholarship Series. Paper 2143.
John Yoo’s defense of the Military Commission Act of 2006 is an implicit commentary on the Hamdan versus Rumsfeld decision of 2006. The case of Hamdan expresses unilateral executive power as unbounded in a very tangible manner. In this decision and defense it is evident that the unilateral powers the president holds seem to be unbounded. Yoo’s promotion and defense of the MCA of 2006 neglects the moral costs of prohibiting habeus corpus rights, the treatment of the detainees, and the danger of unilateral executive power.
America’s Use of Torture in Interrogations of Suspected Terrorists Violates Human Rights by Lisa Hajjar
Dershowitz, Alan. “ The Case for Torture Warrants.” The Student Writer, Barbara Clouse, McGraw Hill,2008, pp. 469-471. In the article by Alan Dershowitz “ The Case for Torture Warrants,”
1. Can the government indefinitely detain, refuse legal counsel, and judicial trial to United States’ citizens, under the assertion that they are “enemy combatants”?
Harr, S. J., Hess, K. M., & Orthmann, C. H. (2012). Constitutional Law and the Criminal Justice
When a criminal is sentenced to the death penalty they are giving the option of Habeas corpus.
Patrick, J. J. (2001). The Supreme Court of the United States : A Student Companion. Oxford, NY: Oxford University Press.
Mason, A., & Stephenson, D. (2012). American constitutional law. (16 ed., pp. 84-86). Boston: Longman.
Before anyone can make judgments upon the rights of the detainees, it must first be decided upon what these men can and cannot be considered. The men held at Guantánamo...
Even in this modern day, your rights are not always secured. During wartime, the government can suspend Habeas Corpus, which prevents unfair arrests and punishments. Suspending Habeas Corpus is taking your rights to a fair trial, and throwing them in the trash. As you are probably assuming, the suspension of habeas corpus has been a controversial topic. You must also be asking yourself, “why take away the people's’ rights, wasn’t the United States built on the rights of citizens?”. Some people see that suspending Habeas Corpus could be useful during a war because it allows someone to quickly be prosecuted, with only the need for probable cause, while other people see it as an unnecessary check on American citizens’ rights.