The Writ of Habeas Corpus and War on Terror in the United...

Habeas Corpus Context War Terror 1. The general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties. Blackstone said that the writ of habeas corpus is the most celebrated and venerated of the English law. The US constitution therefore carried this important aspect and thus federal courts were authorized to issue writs of habeas corpus in all cases where a person may be restrained of his or her liberty in violation of the constitution, or any treaty or law of the United States. Chemerinsky (1987) in a detailed study of the operation of the writ of Habeas Corpus says that there are four major considerations in the issue related to the writ. There is the need to consider the separation of powers--the operation of the criminal justice system, the national litigations involved, and the scope of federalism. All these are affected by the changes in the abrogation of the fundamental right, and rule of law. (Chemerinsky, 1987) It is stated that conservatives view the writ as a means of escaping confinements by the guilty. It is noteworthy that the habeas corpus as a remedy existed in the former colonies even before the US was born. When the drafters of the constitution included the provision they fully well knew that the constitutional rights would have no meaning unless there was a provision of seeking relief from unjust detention. The congress must therefore be restricted in abridging the provision ofShow MoreRelatedThe Right of Habeas Corpus and the War on Terror1321 Words   |  6 PagesThe 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 mostRead MoreThe Right Of Habeas Corpus1531 Words   |  7 Pages The war on terror seems to be a never ending story, especially with the current events such as the beheading of two Americans by the terrorist group ISIS. These are barbaric people,whom have no regards for human life, and they need to be stopped.Which brings me to the issue of habeas corpus, and the rights or civil liberties of detainees who have been deemed enemy combatants. To understand the right of habeas corpus in the context of the war on terror, you must first understand the historical evolutionRead MoreHabeas Corpus And The War On Terror1072 Words   |  5 PagesTo understand Habeas Corpus and how it has played its part in the war on terror, a look at what it is and how it started should be looked at. Habeas Corpus, (â€Å"you should have the body†), is an old legal procedure that protects against unlawful and indefinite imprisonment. It is issued by a judge and does not determine whether the individual is guilty or innocent, but whether they are illegally impriso ned. If the charges are considered valid, the individual will go to trial, if not, the personRead MoreThe United States1941 Words   |  8 Pagesshows good will in changing this situation. In the United States, habeas corpus became a legal act after the country established its independence. The request for the issuance of a writ of habeas corpus is made before a judge and, if granted, a prisoner must be brought before the judge. For instance, it is known that Abraham Lincoln detained people known for being Confederate spies without proving their guilt. The concept of the writ of habeas corpus will be a bridge between the study of the ConstitutionalRead MoreLife Changing Events Happened From New York City2030 Words   |  9 Pagesand debris. The news reporters told of the gripping story of how terror had struck the very hearts of the American people. Our President, George W. Bush gave clear and concise demands to the events within a few days following the horrible attacks on the Twin Towers. The demands that later led to new ACT’s being passed by Congress, would have a drastic change to what we call Civil Liberties. By definition Civil Liberties is the state of being subjected only to laws that are established for the goodRead MoreHow Should We Treat Non American Prisoners1274 Words   |  6 PagesNon-American Prisoners in American Prisons The war on terror has changed how our country sees many things from travel, privacy rights, security levels and a person’s right to due process. The rights of accused terrorists have been stripped due to the need for intelligence on future attacks as well as locations and persons involved in the larger group. How does this loss of personal rights reflect on our country and the fundamentals it was founded on? Habeas corpus refers to the right to get direct accessRead MoreThe Habeas Corpus Law in the US1416 Words   |  6 Pages Habeas Corpus U.S. Introduction Many may not know this but following his inauguration, President Obama did put in some orders to basically just shut down the U.S. prison at Guantanamo Bay within one year. However, about two years later, nevertheless, Obamas plan to close Guantanamo is in disasters. In excess of 180 prisoners that still remain at Guantanamo, and new legislation is making it tremendously problematic to transfer extra prisoners from the naval base. Defense Secretary Robert GatesRead MorePOL 201 Week 5 Final Paper Civil Liberties, Habeas Corpus, and the War on Terror36705 Words   |  147 PagesLiberties, Habeas Corpus, and the War on Terror http://homeworkmonster.com/downloads/pol-201-week-5-final-paper-civil-liberties-habeas-corpus-war-terror/ POL 201 Week 5 Final Paper Civil Liberties, Habeas Corpus, and the War on Terror The final assignment for this course is a Final Paper. The purpose of the Final Paper is to give you an opportunity to apply much of what you have learned about American national government to an examination of civil liberties in the context of the war on terror. The FinalRead MoreTaking a Look at Writs of Habeas Corpus 1615 Words   |  7 Pagesidentity. The response of the Bush Administration was to launch a full-scale military operation against terrorist entities, in particular Al Qaeda and their foreign supporters. This series of operations, became what was to be known as the â€Å"Global War on Terror†. Subsequently, the invasion of Afghanistan and other military operations resulted in the capture of high value targets with known connections to terrorist organizations. While these events this had dramatic ramifications on geo-political landscapeRead MoreCivil Liberties, Habeas Corpus, and the War on Terror979 Words   |  4 PagesCivil Liberties, Habeas Corpus, and the War on Terror Pol 201 American National Government Instructor: Gregory Di Cerbo September 20, 2012 Civil Liberties, Habeas Corpus, and the War on Terror 2 Since September 11, 2001, and the United States invaded Afghanistan