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Since the aftermath of 9/11, the United States as we know it has changed. The war on terror has become more of a priority than the people we should be protecting. After the terrorist attacks on the World Trade Center buildings in New York and the Pentagon in Virginia on September 11th 2001 the response from the Bush administration came illegal video/phone/internet surveillance, numerous amounts of detaining of suspects, citizen and non US citizens without a trial or the right to habeas corpus (Hafetz, 2011).
Anyone can understand that the war on terrorism was and still is a new form of war that hails for different responses. In knowing that one would still have to question what and how exactly should be best way to respond to it. The complicated nature of the war on terrorism has raised many questions when it comes to civil liberties and habeas corpus. Keeping those three things as the subject of debate one would have to deliberate within one’s own mind where they stand and how they personally feel about it all.
Habeas corpus refers to a person’s rights to a judicial certainty of the constitutionality of their detention. Habeas corpus is more than likely the one most important assurance a person has when it comes to their liberty and freedom. By allowing an independent judge to review and make a decision upon the grounds as to why which one has been detained and in some instances order a release of that individual if the judge finds that they were obtained under illegal procedures. At this point, habeas corpus becomes crucial protection against unreasonable detention or ever arrest, killings or even torture (Farell, 2010).
The growth of habeas corpus was brought about by struggles past that limited the power of rulers...
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The Editorial Board, New York Times. (2013, May 28). Exceptions to Harsh Rules. The New York Times. Retrieved from http://topics.nytimes.com/top/reference/timestopics/subjects/h/habeas_corpus/
Federman, Dr., C. (n.d.). Habeas corpus in the age of Guantanamo | Cary Federman - Academia.edu. Retrieved from http://www.academia.edu/692284/Habeas_corpus_in_the_age_of_Guantanamo
Levin-Waldman, O. M. (2012). American government. San Diego, CA: Bridgepoint Education, Inc.
Los Angeles Times. (2006, September 28). Habeas Corpus for all. Los Angeles Times. Retrieved from http://articles.latimes.com/2006/sep/28/opinion/ed-habeas28
The Rutherford Institute (n.d.). The Rutherford Institute - Habeas Corpus. Retrieved from https://www.rutherford.org/constitutional_corner/habeas_corpus/
Less than one week after the devastating terrorist attacks of September 11, 2001, the U.S.A. Patriot Act was introduced to Congress. One month later, the act passed in the Senate with a vote of 98-1. A frightened nation had cried for protection against further attacks, but certainly got more than they had asked for. Russell Feingold, the only Senator to vote down the act, referred to it as, “legislation on the fly, unlike anything [he] had ever seen.” In their haste to protect our great nation, Congress suspended, “normal procedural processes, such as interagency review and committee hearings,” and, “many provisions were not checked for their constitutionality, lack of judicial oversight, and potential for abuse.” Ninety-eight senators were willing to overlook key civil liberty issues contained within the 342 page act. The lone dissenting vote, Wisconsin Senator Russell Feingold, felt that our battle against terrorism would be lost “without firing a shot” if we were to “sacrifice the liberties of the American people.” Feingold duly defended American civil liberties at the risk of his career, truly exemplifying political courage as defined by John F. Kennedy.
“NEW YORK TIMES v. UNITED STATES.” The Oyez Project. llT Chicago-Kent College Of Law, n.d. Web. 5 Dec. 2013.
Our nation seems as if it is in a constant battle between freedom and safety. Freedom and security are two integral parts that keep our nation running smoothly, yet they are often seen conflicting with one another. “Tragedies such as Pearl Harbor, 9/11 and the Boston Marathon bombings may invoke feelings of patriotism and a call for unity, but the nation also becomes divided, and vulnerable populations become targets,” (Wootton 1). “After each attack a different group or population would become targets. “The attack on Pearl Harbor notoriously lead to Japanese Americans being imprisoned in internment camps, the attacks on 9/11 sparked hate crimes against those who appeared to be Muslim or Middle Eastern,” (Wootton 1). Often times people wind up taking sides, whether it be for personal freedoms or for national security, and as a nation trying to recover from these disasters we should be leaning on each other for support. Due to these past events the government has launched a series of antiterrorist measures – from ethnic profiling to going through your personal e-mail (Begley 1). Although there are times when personal freedoms are sacrificed for the safety of others, under certain circumstances the government could be doing more harm than good.
Host: On September the 11th 2001, the notorious terror organisation known as Al-Qaeda struck at the very heart of the United States. The death count was approximately 3,000; a nation was left in panic. To this day, counterterrorism experts and historians alike regard the event surrounding 9/11 as a turning point in US foreign relations. Outraged and fearful of radical terrorism from the middle-east, President Bush declared that in 2001 that it was a matter of freedoms; that “our very freedom has come under attack”. In his eyes, America was simply targeted because of its democratic and western values (CNN News, 2001). In the 14 years following this pivotal declaration, an aggressive, pre-emptive approach to terrorism replaced the traditional
Ohio and Miranda v. Arizona have great impacts on the United States criminal justice system. The decision of Mapp v. Ohio ultimately aids in the strengthening of the Fourth Amendment with the extension of the exclusionary rule. Until this ruling, states did not have to obey this rule and could get away with warrantless searches. With this order, the privacy of United States citizens is safeguarded. Moreover, the Supreme Court created the “Miranda rights” as a result of Miranda v. Arizona. The Miranda rights establish that upon a person 's arrest, the police is mandated to inform that individual of his basic rights, which include “that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed” (9). Essentially, people are given the right to not make any “self-incriminating statements”
On September 11, 2001 New York came upon a terrorist attack. The terrorist hijacked four airplanes the morning of the attack. The attack was part of the Al-Qaeda Islamist group, led by Osama Bin Laden. Two planes collided into the World Trade Center; one hit the Pentagon, and the other one crashed in Pennsylvania never reaching its destination. The cause of 9/11 is that Islam saw the United States as a heinous country with different and awful morals so they decided to attack. The consequences were the tensions between Americans and Muslims rose. Numerous hate crimes were committed and there was a massive economic downfall. We could have avoided this incident if the airport security would have been more strict, then the attack would have a less chance of happening (Bantista). “Make no mistake, the United States will hunt down and punish those responsible for these cowardly acts. Freedom itself was attacked this morning by a faceless coward. And freedom will be defended.” –President Bush directly after the 9/11 attacks (Tsimelkas). The government issued extreme changes in the military system and the surveillance ...
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)
...tee against arbitrary and malicious persecution of individuals by the state; by weakening those protections, the government has opened the doors to new encroachments on the liberties that all residents of the United States rightfully enjoy.
26. Glover Julian, “Guantanamo piled lie upon lie through the momentum of its own existence” in The Guardian, April 25, 2011
For instance, if there were a terrorist in the United States planning to blow up a government building, but you could not suspend the writ of habeas corpus, it would take too long to make a case out of it, and there could have been a preventable tragedy. It could be easier to just have probable cause to keep them from harming anyone, but it defies everything our country was built on. President Lincoln had said, during his presidency, “the writ of habeas corpus shall not be suspended unless when, in cases of rebellion or invasion, the country may require it” (Source B). However, if a corrupted, but influential president in the legislative branch, decides to “go to war”, he could get away with many arrests that he could not have before they had “went to war”. Justice O’Connor believes in the suspension of the writ, as long as they are “given a meaningful opportunity to contest the factual basis for that detention” (Source E), meaning that they must have at least probable cause. Yet there could be many loophole opportunities in this, which is why the ability to suspend the writ Habeas Corpus should be
Since September 11, 2001 many people can say that America has changed. Many people question if America has changed for the better or has it just gotten worse. Since the day those four planes crashed around the United States people’s lives have been changed. Many may not realize how their lives have changed, but with new laws passed life is different within America. The United States Patriot Act is one of the laws passed after 9/11: singed into order on October 26, 2001 just 45 days after the attack. The United States Patriot Act was put in place in order to protect Americans, yet has been affecting American’s civil liberties and caused controversy all over the United States.
"I shall show you what happens to people who defy the laws of the land! In the tribunal everybody is equal, here there is no regard for rank or position. The great torture shall be applied to you!" (194)
Now, many have had time to reflect back on the Patriot Act and feel differently (Ball 2004 p. 78-84). The Patriot Act Pros and Cons is a topic that is much like a double-edged sword. On one hand, many people feel they would like to be protected and feel that they will give up some rights to be safe. Others, on the other hand, feel that the Patriot Act goes against the U.S. Constitution and actually takes away some of the rights of American citizens.... ...
September 11, 2001 was one of the darkest days the US had ever experienced. It was coordinated by nineteen terrorists, all thirsty for revenge for the change Americans brought with them to the Middle East. From then on, our government has developed policies that strengthened our security, such as the Patriot Act. The Patriot Act was signed just a few weeks after 9/11 by President George W. Bush. It expanded government power to detect terrorism faster and more efficiently (MacDonald). Its goals include increased funding for the Technical Support Center at the FBI, more employment of translators at the FBI, increased duration of FISA surveillance of non-US citizens, and access to certain business records for f...
8. Meltsner, Michael. “The Supreme Court and Capital Punishment.” Cruel and Unusaul. New York: Random House P, 1973.