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
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