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The Great Writ of Liberty"

analytical Essay
1749 words
1749 words
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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.
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