This website uses cookies to ensure you have the best experience. Learn more

The Right Of Habeas Corpus And The War On Terror

1426 words - 6 pages

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 lawfully in jail. Habeas corpus is a protection against illegal confinement, such as holding a person without charges, when due process obviously has been denied (Hill, G., & Hill, K.). Habeas corpus is supposed to be guarantee of personal freedom of citizens in order to avoid unnecessary detention. They should have a right to judicial determination of why he is being detained.
By letting an independent judge review and determine the grounds upon which one is detained and even order for the release of the detainee if those grounds are found to be unlawful, habeas corpus the becomes the key protection against arbitrary detention or arrest, extra judicial killings and torture (Farell, 2010).
Habeas corpus dates back to the fourteenth century. It was originally part of England’s statutory law in 1679 (Federal Judicial Center). The U.S. Constitution was not explicit when including the writ. Adopted in 1787 and later ratified by the States, Article I, Section 9 of the U. S. Constitution states, “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it” (American Civil Liberties Union, 2007).
In the Judiciary Act of 1789, Congress...

Find Another Essay On The Right of Habeas Corpus and the War on Terror

Abraham Lincoln and the Suspension of the Writ of Habeas Corpus

1000 words - 4 pages enumerated powers and violated one of the fundamental rights of the nation he was trying to preserve when he suspended the writ of habeas corpus and ignored the Supreme Court while unreasonably defending his own illegal actions. The writ of habeas corpus is perhaps the most important right a citizen possesses. Sir William Blackstone, the author of young Lincoln’s revered Commentaries on the Laws of England, said “the writ of habeas corpus [is] the

The War on Terror Essay

1691 words - 7 pages citizen debate’ about appropriate American responses.’ These comments suggest that the media were initially quite successful in their propaganda attempts as public opinion had been narrowed in regards to 9/11. This supported my research into what extent the public were misled into forming a narrow range of opinions on why 9/11 happened and whether the War on Terror was the right course to undertake. Some accounts claim the public were unaware of the

The war on terror

1680 words - 7 pages Ever since the beginning of the terrorist attacks on American soil, the War on Terror has been involved in the lives of Americans and nations near us. The War on Terror’s background originated through conflicts between warring countries in the Middle East; U.S. involvement started when a terrorist guided plane crashed into the World Trade Center on September 11, 2001 in New York City. The attack was suspected to be the work of the middle-eastern

The War On Terror

1311 words - 5 pages When President Bush called Americans to enlist in his "war on terror," very few citizens could have grasped the all-encompassing consequences of the proposition. The terrifying events of 9/11 were like a blinding flash, benumbing the country with a sudden knowledge of unimagined dangers. Strong action was recommended, skeptics were silenced and a shallow sense of unity emerged from the shared vulnerabilities. Nearly three years later

The War on Terror

1270 words - 6 pages gruesome attacks. The war on terror has been a huge part to this country and the military. Once 9/11 hit the U.S everyone kind of went in to a state of disbelief. Because the U.S. is supposed to be a world power and 3000 people just died from an attack by a terrorist organization, but when everyone is in shock the nations leaders and military were already on top of what needed to be done to get past this task. 9/11 brought everyone closer to one another and has made everyone more thankful for everything the Military does for the country. They are always there for us and will always be there, it truly is the greatest country in the world.

The "War on Terror"

1494 words - 6 pages The "War on Terror" in Iraq is causing a uproar in America, citizens no longer find it necessary to continue letting the troops stay in Iraq. This is causing them to protest and to wrongly prosecute the government, but at the same time the media will not give us a clear understanding of the war. If the government can not give use good reasons to keep fighting, why should we continue to support it? Many famous writers are now making their voices

The War on Terror

2650 words - 11 pages Introduction Ten years ago, the German government decided about the involvement in the ‘war on terror’ and his Operation Enduring Freedom (OEF) and the intervention in Afghanistan as part of the International Security Assistance Force (ISAF). This decision based on the resolutions 1368, 1378, 1383 and 1386 of the Security Council of the United Nation from November and December 2001. These resolutions legitimated the general conditions for the

The War on Terror and the abuse of human rights

1565 words - 7 pages last decade the United States, among other countries, has fought a war on terror around the world that has resulted in new laws and policies that have drastically taken away the rights of human beings both in foreign countries and domestically. The war on terror has changed the lives of millions of people around the world irreparably. This war did not just start over night however, there were plenty of signs that led up to the war. The biggest

Bush's War On Terror and the Erosion of Civil Liberties

634 words - 3 pages Bush's War On Terror and the Erosion of Civil Liberties Nearly all the amendments in the Bill of Rights have been reduced since the beginning of the war. The fourth through eighth amendments have been especially hit hard by this “war.” Search & seizure, due process, a speedy and public trial with a jury, and cruel & unusual punishment have all been disregarded as part of the current administration’s policy. The “War On Terror” has

Yemen and the War on Terror

1685 words - 7 pages “Critical Reasoning”: Yemen and the War on Terror This paper will provide a brief description of Yemen, the global importance Yemen has in the War on Terror, and how the War on Terror affects the interests of the United States (U.S.) and the world. I will also discuss how the U.S. provides support to Yemen, what support is provided to other countries in the area by the U.S., and how the War on Terror is fought in Yemen by the U.S. and other

Narco-Terror: the United States, the Drug War, and the War on Terror

4787 words - 19 pages Narco-Terror: the United States, the Drug War, and the War on Terror Introduction The United States has had a long-standing policy of intervening in the affairs of other nations when the country has thought it within its best interests to do so. Since the 1970’s the United States has tried to impose its will on other nations to combat the most pressing political enemy of the day often linking the war on drugs to the matter to stoke

Similar Essays

Habeas Corpus And The War On Terror

1785 words - 7 pages if so at what cost to the future? I do not believe that we should grant every request but instead make decisions based on a case by case basis. Works Cited Habeas Corpus 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

Habeas Corpus And The War On Terror

1262 words - 6 pages . In February of 2013 it will be eleven years will have gone by since the first petition to exercise habeas corpus, on behalf of our prisoners of war (so to speak) at Guantanamo Bay, was made. During all of these eleven years, there have been no hearings or legal action taken, on behalf of any of the persons being detained there. It has not been proven or disproven that we are detaining them legally or illegally. It has simply been overlooked and

Habeas Corpus And War Essay

1728 words - 7 pages accused of a crime has right to challenge the legality of the detention. This right is Habeas Corpus and is at the center of debates when it comes to detainees in the war on terror held at Guantanamo Bay. In this paper I will discuss how the right of habeas corpus plays into the war on terrorism; the rights that Guantanamo detainees should or should not have as well as ethical issues the United States Government are faced with when deciding

Habeas Corpus And The Use Of Military Tribunals

3664 words - 15 pages Habeas Corpus and the Use of Military Tribunals In America Under the Threat of Terrorism Introduction It was on this date one hundred forty two years ago (April 25, 1861), that President Abraham Lincoln sent a letter to Lt. General Winfield Scott authorizing the suspension of “The Privilege of the Writ of Habeas Corpus” . Lincoln had been president for less than two months and was facing, what was up to that time and arguably may still