The Great Writ of Liberty"
analytical Essay
1749 words
Introduction
A Writ of Habeas Corpus is an authoritative order forcing governments to provide the “body” of the detainee in which the legality of their detention and individual liberties will be challenged. Historically associated with civil liberty violation and the injustice of illegally detaining potentially enemies of the state, jurisdictional issues regarding their detaining location have made justice difficult to administer and deliver. Detaining enemies for their participation, involvement, and/or ties to threats of terror towards the United States will result the confinement of combatants, as solidified by the US Constitution, however, to what extent will they be forced to stay?. Residents of Guantanamo Bay are just; enemies of the state, accused individual that have been arrested and detain with minimal civil human rights to our jurisdictional due process that we American’s hold dear; with only a Writ of Habeas Corpus as their life line to legality and freedom. Although controversial in its conception and implementation by US presidential administration, judiciary members have cordially interpreted cases of questionable detention and the legality of doing so. It is truly unfortunate when individuals are tossed into confinement illegally with no help and/or the promise of their restorative freedoms (ACLU, 2014).
Evolution of Habeas Corpus
Habeas Corpus or the “Great Writ” is widely considered to the preemptive cornerstone our human civil liberties within the United States jurisdiction as it is deeply rooted within common laws of social ordinance. Habeas corpus was generally conceived by the English as early as 1215 and signed into law by King John during his short tenner, however, formally recognized in 1679. Commonly re...
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...11-12). Upper Saddle River, NJ: Prentice Hall.
ICRC. (2014, April 4th). The Geneva Conventions of 12 August 1949. Retrieved from International Committee of the Red Cross: http://www.icrc.org/eng/assets/files/publications/icrc-002-0173.pdf
In Boumediene v, Bush, No. 06–1195 (United States Supreme Court December 5th, 2007).
In Hamdi v. Rumsfeld, No. 03—6696 (United States Spureme COurt June 28th, 2004).
Mortlock, D. (2010, July 1st). Definite Detention: The Scope of the President's Authority to Detain Enemy Combatants. Ebsco Host, pp. 375-404.
School, C. L. (2014, April 5th). Habeas Corpus. Retrieved from Cornell University Law School: http://www.law.cornell.edu/wex/habeas_corpus
Williams, F. J. (2014, April 4th). When Albany Challenged the President. Retrieved from New York State Archives: http://www.archives.nysed.gov/apt/magazine/archivesmag_winter09_williams.shtml
In this essay, the author
- Explains that a writ of habeas corpus is an authoritative order forcing governments to provide the "body" of the detainee in which the legality of their detention and individual liberties will be challenged.
- Explains that the great writ or habeas corpus suspension act of 1863 was the direct result of detaining "enemy combatants" during the civil war.
- Explains the significance of habeas corpus during times of war to ensure the liberties of those detained through governmental "checks and balances" of prestigious powers.
- Explains that the us supreme court descended the extension of jurisdiction to detainees being withheld in guantanamo bay shall be sanctioned under us 28 2241.
- Explains that in hamdi v. rumsfeld, us supreme justices held that regardless of "combatant label", a person detained within the jurisdiction authority of the united states shall be awarded the fundamental due process and all her civil liberties
- Analyzes how justice kennedy delivered the opinion of the court in boumediene v. bush stating that petitioners are labeled enemy combatants and present a valid and justifiable habeas corpus privilege.
- Concludes that the constitutionality of habeas jurisdiction is an act of perseverance and the all inferiors court should be bound to this libertarian freedoms.
- Explains that the judicial philosophy in the united states takes the form of 3 different approaches and includes a conservative, liberal, and moderate approach.
- Explains that habeas corpus was introduced as a means to protect individuals from illegal detention, descending its concept and values into the new communities within colonial settlements.
- Explains habeas corpus is the preemptive cornerstone of human civil liberties within the united states jurisdiction as it is deeply rooted within common laws of social ordinance.
- Explains that the president has authoritative powers to use necessary force against individuals posing significant threats. justices have descended interpretations that rectify current misinterpretations.
- Explains that the president of the united states is tasked with extraordinary and unfathomable amounts of critical decision making process and the securing of people takes precedent during times of war.
- Explains that the senate and house of representatives make up the total body of the us congress. the role of congress in determining when habeas corpus can be suspended is basically limitless.
- Cites the aclu's habeas corpus timeline and the magna carta.
- Analyzes mortlock's definite detention: the scope of the president’s authority to detain enemy combatants.
Related
- analytical
- explanatory
- opinionated
- Abraham Lincoln and the Suspension of the Writ of Habeas Corpusanalytical essayThe writ of habeas corpus is perhaps the most important right a citizen possesses. Sir William Blackstone, the author of young Lincoln’s revered Commentaries on the Laws of England, said “the writ of habeas corpus [is] the most celebrated writ in English law” . The writ guarantees someone imprisoned by the government an appearance before a court where a judge will determine if they have been lawfully detained. Once suspended, the government has no legal responsibility to confirm the cause of detainment. This writ can be thought of as “the fundamental safeguard against lawless and arbitrary state action” . The power to suspend the writ of habeas corpus exists plainly within the Constitution of the United States of America. In Article One, Section Nine, the Constitution simply states, “the Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion of the public Safety may require it” . However, this clause never specified which branch of government was responsible for this suspension, and definitely did not insinuate thi...
In this essay, the author
- Explains that seven slave states seceded from the union once abraham lincoln was elected president in 1860. four more states joined when hostilities first began to erupt between north and south.
- Explains that the writ of habeas corpus is perhaps the most important right a citizen possesses.
- Explains that president lincoln suspended the writ of habeas corpus in maryland without limitations. the maryland legislature was pro-slavery, and the federal troops arrested john merryman for recruiting and training a company for confederate service.
- Analyzes how lincoln's suspension of habeas corpus and his own logic were called into question in the case of congressman clement vallandigham of ohio.
894 wordsRead More - Habeas Corpus and the War on Terrorexplanatory essayAccording to the United States Constitution, the writ of habeas corpus which is Latin for "you have the body" means that a prisoner has the right to question their imprisonment and if the government cannot show reason for why the prisoner is being held, they must be released immediately. The value of habeas corpus ensures that a prisoner can be released from an unlawful detention, detention that is lacking sufficient evidence or reason. The remedy can be pursued by the prisoner or by a person speaking for the prisoner. The Constitution allows either the prisoner or a representative for the prisoner to petition the court for a writ. Habeas corpus is maybe one of the most crucial forms of protection of the liberties of Americans since it protects citizens from wrongful detainment. We use it to appeal state convictions to the federal courts when a person who has been convicted of a crime feels his constitutional rights were violated on the state level. The prisoner must try all other means possible before they can apply to the federal courts for Habeas Corpus. Today, the Habeas Corpus is used mainly in part as a post-conviction cure for any state or federal prisoners that wish to challenge the legality of a claim of federal laws that are meant to be used in a judicial setting resulting in detainment. Although, Habeas Corpus can also be used for other such cases as deportation, immigration, and in military commissions to name a few.
In this essay, the author
- Explains that habeas corpus is one of the most crucial forms of protection of liberties of americans since it protects citizens from wrongful detention.
- Explains that president lincoln suspended the habeas corpus during the civil war, as the constitution dictates in clause 2.
- Explains how the writ of habeas corpus was set in motion when john merryman was arrested by federal troops in cockeysville maryland for recruiting, training, and leading drill companies for the confederate corps.
- Opines that there have been no hearings or legal action taken, on behalf of any of the persons being detained at guantanamo bay since the first petition to exercise habeas corpus was made.
- Opines that the terrorists' attack on american soil on september 11, 2001, had a great emotional impact on our nation and its citizens.
- Explains that the usa patriot act was passed by george w. bush after the september 11th attacks on our country.
- Opines that the usa patriot act should have been modified by congress to restrict some of these powers.
1060 wordsRead More - Pros And Cons Of The Death Penaltyopinionated essayWhen a criminal is sentenced to the death penalty they are giving the option of Habeas corpus.
In this essay, the author
- Explains that a study at duke university found that for each person executed in north carolina, the state paid over $2 million more than it would have cost to imprison him for life.
- Opines that capital punishment makes the fight against crime more difficult, as executions waste valuable resources that could be applied to more promising efforts.
- Explains that the execution of the insane violates the u.s. constitution. the national association of mental health estimates that five to ten percent of those on death row have serious mental illness.
- Opines that the death penalty is nothing to be taken lightly. opposing views may argue that if the accused are being tried for murder we should revert back to and eye for an eye.
580 wordsRead More - Chapter 4 Understanding Homeland Securityopinionated essayMy reaction to this week’s lesson first started with disappointment. I was so focused with an audit at work that I was ill-prepared for class, as I only skimmed the chapter. Thanks Professor Griffis for calling me out for not reading. Okay, now that I have read, along with the class discussion, the following items are my highlights for Chapter 4. First of all as stated in our course book, Understanding Homeland Security, “President Lincoln suspended the right to habeas corpus and ordered the military to detain a Congressman…and several other alleged Confederate sympathizers.” As a class we needed to first remember the habeas corpus is (the body), bring the body to court. A judge conducts a review to see if an individual who was detained
In this essay, the author
- Opines that the class is taking them to a new level in regards to personal, homeland securities.
353 wordsRead More - Habeas Corpus Research Paperopinionated essayAs I said The Habeas Corpus is controversial. It’s been suspended five times for different reasons, but mostly during war times. First by president Abraham Lincoln, at the beginning of the civil war due to dangers of war. It was later restored at the end of the war. The next three were all by congress. The second, South Carolina 1871, to deal with the Ku Klux Klan. Then again in the Philippines 1905, in connection with the local revolt. Thirdly in Hawaii during world war two, due to the war itself. Lastly by president George W Bush during 2006, the military commissions act. Which suspended the Habeas Corpus for “terrorist” or anyone from another country. So also, due to
In this essay, the author
- Explains habeas corpus, which means produce the body, is an order to a guard or warden to bring the prisoner to court to show reason for them being held in prison.
- Explains that the habeas corpus has been suspended five times for different reasons, but mostly during war times.
- Opines that the habeas corpus shouldn't be suspended because the laws were disregarded and suspended by a military order. chief justice roger taney was famous for going against the suspension.
- Opines that the habeas corpus should be able to be suspended in times when necessary, while it does take away the right to a speedy trial.
507 wordsRead More - Determining the Legality of the Confinement with Habeas Corpusanalytical essayHabeas corpus is a Latin term meaning, "you have the body". Habeas corpus is a court order, which directs officials who have custody of a prisoner to appear in court with him in order to determine the legality of his confinement. In England, the first writ of habeas corpus was originally an order from a king on a prisoner’s behalf to determine whether he was being detained lawfully. During the 11th century in England, habeas corpus was a common law and eventually codified in the 1215 Magna Carta. Article 39 of the Magna Carta read, "No freeman shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor will we send upon him except upon the lawful judgement of his peers or the law of the land" (as cited by Ivanova,...
In this essay, the author
- Argues that even though some prisoners are dangerous, they should not be held indefinitely because it is against their civil liberties. prisoners should either be tried and sentenced or released.
- Explains that habeas corpus is a court order that directs officials who have custody of prisoners to appear in court with him to determine the legality of his confinement.
- Explains that habeas corpus rights were restored after the war ended in 1865, and in the late 1870s, president ulysses s. grant suspended the writ in nine counties in south carolina.
- Explains that the u.s. took control of cuba from spain in 1898 and established guantanamo bay as a detention center for cuban and haitian refugees.
548 wordsRead More - Ms. Vanklausen relies on primary and secondary sources with strong credentials in the realm of the constitution, law, public policy, and Americans’ right to freedom (Cato Inst., n.d.; Wikipedia, 2010) to support her argument. The authors have been published in a variety of respected periodicals as well as writing books on these topics. Her sources cite the expert opinions of Supreme Court Justices Sandra Day O’Connor and Antonin Scalia (“Can U.S. Citizens Be Held as Enemy Combatants”, Reinking & von der Osten, 2007, pp. 228, 231-233), who are entrusted with the ultimate responsibility to interpret our nation’s constitution and apply this standard to arguments brought before the Court when the rule of law is in question. Ms. Vanklausen also employs excerpts from the Bill of Rights to clarify the protections these individuals are not permitted in this situation. She provides a quotation by Thomas Jefferson, and notes decisions by the U.S. Supreme Court, the Second Circuit Court, and Federal Court Judge Mukasey. She also refers to established truths upon which Americans depend as signs of their freedom, such as “The foundation of liberty has always rested on the resistance to the idea of arbitrary imprisonment by an executive. (Reinking & von der Osten, 2007)
In this essay, the author
- Analyzes jennifer vanklausen's essay can u.s. citizens be held as enemy combatants, which explores the ethical question of our government’s policy to hold american citizens suspected of terrorist activity against the united states as enemy combatants.
- Analyzes how ms. vanklausen relies on primary and secondary sources with strong credentials in the realm of the constitution, law, public policy, and americans' right to freedom to support her argument.
- Analyzes how the essay focuses on the reasoning for finding jose padilla and yaser esam hamdi to be enemy combatants.
- Argues that the united states has a legal system with adequate protections for both the safety of society and for the accused.
- Analyzes how vanklausen points out that war has not officially been declared by congress nor have they suspended habeus corpus; the executive branch of our government has no authorization to exceed its powers by detaining these citizens without charges.
- Analyzes how ms. vanklausen uses a rogerian argument, acknowledging the seriousness of the opposing viewpoint, to diffuse potentially strong emotions on this subject.
- Analyzes how ms. vanklausen uses inductive reasoning to verify her assertions in the summary conclusion.
- Analyzes how the writing style and mechanics detracted from the strength of ms. vanklausen’s argument.
- Praises vanklausen for tackling the question of ity our elected officials and their subordinates overstepping their authority and possibly violating the rights of people who put gave them their power.
- Cites works citedcato institute (n.d.). retrieved april 3, 2010 from http://www.cato.org/people/nat-hentoff.
931 wordsRead More - Homeland Securityopinionated essay"Convention (III) Relative to the Treatment of Prisoners of War. Geneva, 12 August 1949." ICRC. N.p., n.d. Web. 25 Mar. 2014. .
In this essay, the author
- Explains that florida has been working diligently to obtain information that could aid in countering terrorism since the attacks on september 11th, 2001.
- Explains that guantanamo bay complies with national and international standards, and is subject to all punishments that are legal during times of war. democrats believe diplomacy is the answer in fighting terrorism, but republicans disagree.
- Explains that the state of florida believes that aggression and interrogation is a necessary aspect in order to effectively fight terrorism.
- Opines that diplomacy and cooperation between organizations are necessary to combat terrorism without invading privacy.
- Opines that the use of technology and the internet is sometimes necessary in order attain pivotal information.
- Opines that obtaining intelligence should not come at the expense of civil liberties of the citizens. the department of homeland security and other organizations have been invading the digital privacy of citizens and have done little with such information.
- Explains that the department of homeland security (dhs) focuses on obtaining and analyzing intelligence from organizations such as the us secret service, coast guard, and transportation security administration.
- Analyzes how the florida department of law enforcement sued dhs over plans to monitor social media sites.
- Explains meese, edwin, iii, "guantanamo bay prison is necessary." convention (iii) relative to the treatment of prisoners of war.
1423 wordsRead More - President Bush Declare on Terrorism and Its Effectsanalytical essay...pus petition on behalf of the British Citizen Shafiq Rasul who was detained in the Naval Base in Guantanamo Bay, challenging the U.S. government’s practice of holding foreign nationals indefinitely. Rasul claimed that afore getting captured and apprehended during the U.S. incursion of Afghanistan he was taken captive by Taliban and he was being held at their camps. The District Court held that the Judiciary had no Jurisdiction and could not grant the habeas corpus to Rasul and his fellow detainees. Rasul appealed to the Supreme Court and the Court accepted the case in November 2003. The main distinguishment between the case of Rasul and the case of Hamdi is the Hamdi dealt with the right of diminutive handful U.S. citizens held by the regime, while the case of Rasul concerned the detention of aliens, which comprise the majority of those in custody in Guantanamo Bay.
In this essay, the author
- Explains that the united states has urged the international world to respect the rights of soldiers who fall in custody of the enemy during the war.
- Explains that there were no clear criteria on how to treat american citizens who were considered unlawfully enemy combatants. the most remarkable yet controversial case was that of yasser hamdi, a detainee at the naval base in guantanamo bay who was discovered to have been born in the united states.
- Analyzes how justice sandra day o'connor pursued a middle course between the opinions of justices scalia, stevens and thomas.
- Explains that hamdi was released without charge and deported to saudi arabia after renouncing his u.s. citizenship. the law verbally expresses that licit renunciation should be made in front of a consular officer outside the united states.
- Argues that the supreme court should not have taken the initiative to set the regulations of treatment and detention of american citizens who engage in an action of violence against the united states.
- Explains that the supreme court published its ruling in the case of rasul on the same day of publishing the ruling of hamdi.
- Argues that even if the war decision is presumed constitutional, it doesn't mean that the consequences were even legal or constitutional.
- Explains that before 2004, the supreme court had never dealt with any similar case that involved detaining combatants in a naval base such as guantanamo bay.
- Analyzes how the government based its argument on two main points: it considers hamdi an enemy combatant captured on a battlefield, and it relied on the ruling of ex parte quirin to prove that it has the right to hold anyone indefinitely even if he is an american citizen
2444 wordsRead More - Guantanamo Bay Prison Case Studyexplanatory essayAnother issue that brought a lot of conflict against the Bush Administration is the president’s choice to harbor enemy combatants in Guantanamo Bay prison. Over the process of the war over 750 of supposed al Qaeda friendly individuals and enemy military combatants were arrested and housed in this facility. Each one of these individuals were given the title of “enemy combatants”. According to the Detention of Enemy Combatants Act of 2005, enemy combatants are “persons who, either lawfully or unlawfully, directly engages in hostilities for an enemy state or non-state actor in an armed conflict” (H.R. 1076, 2005). Due to the fact of their status, these individuals were denied the rights that were entitled to wartime prisoners under the Geneva Convention.
In this essay, the author
- Explains that the president's choice to harbor enemy combatants in guantanamo bay brought conflict against the bush administration.
- Explains that barack obama won office on the slogan "change we can believe in", which was one of the refreshing reasons why most americans voted for him.
468 wordsRead More