Habeas Corpus and the War on Terror

Topics: Habeas corpus, Supreme Court of the United States, Boumediene v. Bush Pages: 3 (909 words) Published: August 12, 2013
Habeas Corpus and the War on Terror
POL201: American National Government (GSI1323E)
Instructor:
July 8, 2013

Habeas Corpus and the War on Terror
Habeas Corpus has been a part of our history for many years. It has been used only when the feel the need to use it and also it has been suspended by two of our former president. Habeas Corpus “is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. In the US system, federal courts can use the writ of habeas corpus to determine if a state's detention of a prisoner is valid.”(Cornell University Law School, 2010). In this essay I will discuss the historical evolution of habeas corpus, U.S. history of the suspension of habeas corpus, U.S. Supreme Court's interpretation of the right of habeas corpus, and four perspectives on the Habeas Corpus. Habeas Corpus is an ancient law that has been since the middle ages. “Habeas Corpus is an ancient common law prerogative writ - a legal procedure to which you have an undeniable right.” (Robertson, 2002). It comes from the Anglo-Saxon common law origin. The Precise of the origin is still unknown, but it still has been used. “Although practice surrounding the writ has evolved over time, Habeas Corpus has since the earliest times been employed to compel the appearance of a person who is in custody to be brought before a court.” (Robertson, 2002). The British colony brought habeas corpus from England and has been used in the United States since the American Revolutionary War. Habeas corpus is found in the United States Constitution in Article One, Section Nine, under congress limits. It states that “the Habeas Corpus should not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”(Neuman, 2010). There are many roles when it comes to Habeas Corpus. The President role as commander-in-chief of the United States is head of the...

References: Levin-Waldman, O. M. (2012). American Government. San Diego, CA: Bridgepoint Education, Inc.
Robertson, J. (2002). Habeas Corpus the Most Extraordinary Writ. Retrieved from: http://www.habeascorpus.net/asp/
Niday, I. A. (2008). The War against Terror as War against the Constitution. Canadian Review Of American Studies, 38(1), 101-117.
Katyal, N. K., BONGIOVANNI, G., & VALENTINI, C. (2007). Terrorism, Emergency Powers, and the Role of the US Supreme Court: An Interview with Neal K. Katyal. Ratio Juris, 20(4), 443-455. doi:10.1111/j.1467-9337.2007.00370.x
Neuman, G. L. (2010). THE HABEAS CORPUS SUSPENSION CLAUSE AFTER BOUMEDIENE V. BUSH. Columbia Law Review, 110(2), 537-578.
Cornell University Law School. (2010). Habeas corpus. Retrieved from: http://www.law.cornell.edu/wex/habeas_corpus
U.S. Army. (n.d.) Habeas Corpus and the Detention of Enemy Combatants in the War on Terror. Retrieved from: http://www.army.mil/professionalWriting/volumes/volume6/may_2008/5_08_4.html
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