The Great Writ: a Controversial Look at Habeas Corpus and the War of Terror
The Great Writ: A Controversial Look at Habeas Corpus and the War of Terror
POL 201: American National Government
August 9, 2013
As U.S. military deaths reach 8,000 and an additional 17,000 U.S. servicemen and women have been wounded while fighting the war on terror, the brutality of this conflict has, unfortunately, ranked this war amongst the most vicious wars fought by U.S. troops in recent history (“U.S. and Coalition,” 2012). Not unlike other conventional wars, the collection of enemy combatants and the subsequent gathering of intelligence acquired through detention and interrogation plays a key role in ensuring the safety of our troops on the battlefield and in the case of the war on terror, the average American citizen living their daily life. Since the early days of the war on terror the President’s actions surrounding the detainment process of U.S. citizens and foreign nationals has been called into question pursuant to the guidelines of habeas corpus. The intent of this paper is to evaluate the privilege of habeas corpus and to establish links between its historical purpose, its relationship to our civil liberties and its relevance in contemporary U.S. conflicts and related matters. More specifically, the paper shall focus on the impact the war on terror has had on the interpretation of habeas corpus and the judicial stance adopted by the Supreme Court regarding a new breed of enemy known as ‘enemy or illegal combatants.’ The Writ of Habeas Corpus is commonly known as the ‘Great Writ,’ as it is directly connected to the civil liberties granted to all U.S. citizens. Under the U.S. Constitution, habeas corpus requires the detaining body to provide charged individuals with a specific crime and additionally provide valid documentation thereby establishing a legal right for detainment. If such proof cannot be produced or if the court finds that the detainer acted outside of its authority, the detainee may be released pursuant to an
POL 201: American National Government
August 9, 2013
As U.S. military deaths reach 8,000 and an additional 17,000 U.S. servicemen and women have been wounded while fighting the war on terror, the brutality of this conflict has, unfortunately, ranked this war amongst the most vicious wars fought by U.S. troops in recent history (“U.S. and Coalition,” 2012). Not unlike other conventional wars, the collection of enemy combatants and the subsequent gathering of intelligence acquired through detention and interrogation plays a key role in ensuring the safety of our troops on the battlefield and in the case of the war on terror, the average American citizen living their daily life. Since the early days of the war on terror the President’s actions surrounding the detainment process of U.S. citizens and foreign nationals has been called into question pursuant to the guidelines of habeas corpus. The intent of this paper is to evaluate the privilege of habeas corpus and to establish links between its historical purpose, its relationship to our civil liberties and its relevance in contemporary U.S. conflicts and related matters. More specifically, the paper shall focus on the impact the war on terror has had on the interpretation of habeas corpus and the judicial stance adopted by the Supreme Court regarding a new breed of enemy known as ‘enemy or illegal combatants.’ The Writ of Habeas Corpus is commonly known as the ‘Great Writ,’ as it is directly connected to the civil liberties granted to all U.S. citizens. Under the U.S. Constitution, habeas corpus requires the detaining body to provide charged individuals with a specific crime and additionally provide valid documentation thereby establishing a legal right for detainment. If such proof cannot be produced or if the court finds that the detainer acted outside of its authority, the detainee may be released pursuant to an
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