Habeas Corpus Research Paper
Habeas Corpus
POL 201 American National Government
Instructor Lee Davis
January 20, 2014
In the Judiciary Act of 1789, the courts granted the power to issue habeas corpus to prisoners in federal custody. What does the United States do with enemy combatants? Should they be protected under habeas corpus? In this paper, I will discuss the role of habeas corpus and if it should be used on enemy combatants of war on terror. In English habeas corpus was passed by King Charles II in 1679. The Habeas Corpus Act of 1679 became known as the Habeas Corpus Parliament of England. This Parliament helped explain the old habeas corpus from 1640. The Habeas Corpus Act of 1679 came from an earlier Act of 1640. The Habeas Corpus …show more content…
The Bush administration thought just because the enemies and the prison were on foreign grounds that the Constitution wouldn’t reach them. In January 2002, six men were transported from Bosnia to Guantanamo Bay by United States forces, ignoring orders from the Human Rights Chamber and the Supreme Court of Federalism by Bosnia and Herzegovina. These six prisoners were held in Guantanamo Bay until 2008. They were cut off from their families and were kept in the dark on the reasons as to why they were being imprisoned. In June 2008, the Supreme Court voted 5-4 that prisoners at Guantanamo Bay are allowed to habeas corpus under the U.S Constitution. The ruling allowed the prisoners in Cuba to dispute their imprisonment before a judge and be in a real courtroom for the first time. Senator Benjamin Cardin is against the Military Commissions Act. He believed that “They should bring terror suspects to justice quickly” (Senator Benjamin Cardin). There are approximately 270 detainees still at Guantanamo Bay and have been there for more than six …show more content…
He is also the Commander in Chief of the civil population in an army emergency. The President as Commander in Chief can give direction for military attacks. While the President is President of the Armed Services, the Constitution only grants Congress the power to declare war. According to the Suspension Clause of the Constitution, it states, “The Privileges of the Writ of Habeas Corpus should not be suspended unless when in cases of rebellion of invasion the public safety may require it”. Congress has the only power to suspend habeas corpus. There are two ways for habeas corpus to be suspended, either by its own actions or going through a delegation to the Executive. The Executive doesn’t have the authority to suspend habeas corpus
POL 201 American National Government
Instructor Lee Davis
January 20, 2014
In the Judiciary Act of 1789, the courts granted the power to issue habeas corpus to prisoners in federal custody. What does the United States do with enemy combatants? Should they be protected under habeas corpus? In this paper, I will discuss the role of habeas corpus and if it should be used on enemy combatants of war on terror. In English habeas corpus was passed by King Charles II in 1679. The Habeas Corpus Act of 1679 became known as the Habeas Corpus Parliament of England. This Parliament helped explain the old habeas corpus from 1640. The Habeas Corpus Act of 1679 came from an earlier Act of 1640. The Habeas Corpus …show more content…
The Bush administration thought just because the enemies and the prison were on foreign grounds that the Constitution wouldn’t reach them. In January 2002, six men were transported from Bosnia to Guantanamo Bay by United States forces, ignoring orders from the Human Rights Chamber and the Supreme Court of Federalism by Bosnia and Herzegovina. These six prisoners were held in Guantanamo Bay until 2008. They were cut off from their families and were kept in the dark on the reasons as to why they were being imprisoned. In June 2008, the Supreme Court voted 5-4 that prisoners at Guantanamo Bay are allowed to habeas corpus under the U.S Constitution. The ruling allowed the prisoners in Cuba to dispute their imprisonment before a judge and be in a real courtroom for the first time. Senator Benjamin Cardin is against the Military Commissions Act. He believed that “They should bring terror suspects to justice quickly” (Senator Benjamin Cardin). There are approximately 270 detainees still at Guantanamo Bay and have been there for more than six …show more content…
He is also the Commander in Chief of the civil population in an army emergency. The President as Commander in Chief can give direction for military attacks. While the President is President of the Armed Services, the Constitution only grants Congress the power to declare war. According to the Suspension Clause of the Constitution, it states, “The Privileges of the Writ of Habeas Corpus should not be suspended unless when in cases of rebellion of invasion the public safety may require it”. Congress has the only power to suspend habeas corpus. There are two ways for habeas corpus to be suspended, either by its own actions or going through a delegation to the Executive. The Executive doesn’t have the authority to suspend habeas corpus