POL201 American National Government
Dr. Melissa Stewart
January 14, 2013
Civil liberties, habeas corpus and the War on terror
War is a very scary and dangerous monster. It brings the worst in people; it divides families and friends. It makes us question everything we know and with the media we get too much information that we don’t know what to do with it. However, by learning our history, everybody’s role in the government, learning how the system works and learning simple terms like enemy combatant and habeas corpus you can learn that there is more than just our laws and Constitution. We are not alone in this war.
Habeas corpus is located in the United States Constitution in Article One, Section Nine, under congress limits. It says, “The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it”. (Columbia electronic encyclopedia, 2011) Habeas corpus is Latin for “you should have the body”. (Columbia electronic encyclopedia, 2011) It means that the accused most appear in front of a judge and know the charges haled against him or her.
Known as the “great writ of liberty” (Columbia electronic encyclopedia, 2011), it protects people from been held for a prolonged time and not been informed of the charges against them. The court has to document the illegal act and bring to the judge, the accused. It also gives us access to basic legal protection, like due process and counsel. (Levin-Waldman, O.M., 2012, p.255) With these rights the accused can be informed of his or her rights and can inform the judge of his or her guilt or innocence.
The British colonies brought habeas corpus from England. The Writ was mainly for the judge to check the jailor legitimacy. (Lobban, M., 2011, p257-269) If the jailor was been a tyrant, it would have reflected badly on...