The Right of Habeas Corpus and the War on Terror

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The Right of Habeas Corpus and the War on Terror Introduction September 11, 2001 changed the United States forever. This disastrous attack on the Pentagon and the twin towers at the World Trade Center destroyed the lives of thousands of people. Over 3,000 people were killed, including hundreds or firefighters and policemen, many of which were never found. The attackers were Islamic terrorists from Arab nations. The war on terror declared by the Bush Administration, had become one of the most important issues in the United States during that time and still is today. However, it did not always protect those that needed to be protected. There was the detention of potential suspects who were held without the right to habeas corpus. There was also torture and illegal surveillance of those the government thought were potential suspects. The purpose of this paper is to discuss the right of habeas corpus in the context of the war on terror. It will give the meaning of habeas corpus and will state the article in the U. S. Constitution and its history. It will show the relationships between American and English traditions. This paper will also include examples of the suspension history of habeas corpus and their applicability to the present, and further analyze the relevance of habeas corpus to the contemporary U. S. situation during the war on terror and its relationship to persons characterized by as enemy combatants or illegal combatants. Habeas Corpus: The Meaning and Historical Evolution Habeas corpus, Latin for “you have the body,” is a writ (court order) that directs the law enforcement officials who have custody of a prisoner to appear in court with the prisoner to help the judge determine whether the prisoner is lawful... ... middle of paper ... ...Habeas Corpus in Times of Emergency: A Historical and Comparative View”, Pace International Law Review, Online Companion, 1(9): 74-95. Retrieved April 26, 2014, from http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1011&context=pilronline Federal Judicial Center (n.d.). History of the Federal Judiciary. Habeas Corpus Jurisdiction in the Federal Courts. Retrieved April 25, 2014, from http://www.fjc.gov/history/home.nsf/page/jurisdiction_habeas.html Hill, G., & Hill, K. (n.d.). Legal Dictionary | Law.com. Retrieved April 28, 2014, from http://dictionary.law.com/Default.aspx?selected=848 Niday, I. A. (2008). The War Against Terror as War against the Constitution. Canadian Review of American Studies, 38(1), 101. The Rutherford Institute (n.d.). Habeas Corpus. Retrieved April 25, 2014, from https://www.rutherford.org/constitutional_corner/habeas_corpus/

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