Habeas Corpus and the War on TerrorJessica Acuna
Habeas Corpus and the War on TerrorIn order to fully understand the rights and liberties during wartime situations, there must be some background information that needs to be expressed and explained. In this essay I will explain the definition of habeas corpus and the role of the Judicial, Legislative and Executive Branches of government during wartime and conflicts, and how the President will sometimes take the matter into his own hands. I will also provide information about examples of the suspension of habeas corpus in history. The habeas corpus concept was first articulated in the Magna Carta, a constitutional deed enforced on King John by English landowners at Runnymede on June 15, 1215. Among the freedoms declared in the Magna Carta was that "No free man shall be seized, or imprisoned, or disseized, or outlawed, or exiled, or injured in any way, nor will we enter on him or send against him except by the lawful judgment of his peers, or by the law of the land" (Roland,2013). The meaning of habeas corpus is defined as “A writ of 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” (www.law-Cornell.edu, 2014). For an example of habeas corpus I found and event that occurred on” December 22, 1849, when 16-year-old Thomas Fitton entered an indentured apprenticeship with Michael McDermott to learn the trade of coach blacksmith. The relationship did not develop as the two had hoped, and on May 5, 1853, McDermott had the marshal for the District of Columbia put Fitton in jail for refusing to obey his orders. Fitton believed that his confinement in prison for an undetermined amount of time without any warrant of...
References: Handman, C. T. (1996). The doctrine of political accountability and supreme court jurisdiction: Applying a new external constraint to congress 's exceptions clause power. The Yale Law Journal, 106(1), 197-228. Retrieved from http://search.proquest.com/docview/198460354?accountid=32521Hafetz, Jonathan (2011) http://www.acslaw.org/acsblog/habeas-corpusandthe-%E2%80%9Cwar-on-terror%E2%80%9D
Naylor, Chris (2005) "You have the body" Habeas Corpus Case Records of the U.S. Circuit Court for the District of Columbia, 1820–1863 National Archives
Roland. Jon (2013) http://www.constitution.org/eng/magnacar.htm
http://www.law.cornell.edu/wex/habeas_corpusShaw, Jonathon (2009) Harvard Magazine “The War The Writ”
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