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Civil Liberties, Habeas Corpus

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Civil Liberties, Habeas Corpus
Civil Liberties, Habeas Corpus, and the War on Terror
Charlotte
Ashford University
04//2013
POL 201
Instructor

Civil Liberties, Habeas Corpus, and the War on Terror have all played a role throughout history. Throughout history, the motivation of man’s self interest has concluded in the domination of those with little or no power in the absence of the rule of law. The war on terror presents an unpredictable challenge for the United States since terrorists are apprehended and deprived of due process. Habeas corpus is considered to be one of the most fundamental guarantees of personal liberty that we cherished as a country since the inception of our Constitution. However, debates have arisen regarding the proper use of habeas corpus making the focus be brought back in the past decade. Since September 11, 2001 terrorist attack on the United States, many people have been detained by the U.S. government as part of its war on terror. Many of these detainees face indefinite detention and have not yet been charged with a crime. The right of Habeas corpus overrules man’s interpretation and allows those accused federal and state court representation before a judge, or jury. The accusers deemed innocent until proven guilty, they have the right to representation, and appear in person for the charges brought forth. The purpose of this paper is to show how Habeas corpus came about, and its suspension by the United States. Also, the war on terror will be addressed along with the Supreme Court’s interpretation. Learning the history of Habeas corpus and how it works, allows us to see just how these laws are supposed to be carried out from our Constitution and not to be reconciled with. Habeas corpus is a judicially enforceable order issued by a court of law to the prison official ordering that a prisoner be brought to court so it can be determined whether or not has been lawfully imprisoned or should be released from custody. The right of Habeas



References: Anderson, K. (2006). Law and terror. Policy Review, (139), 3-24. Retrieved from: https://search.ProQuest.com/docview/216453983?accountid=32521 Halliday, P. (2011, March 17). Habeas corpus:From England to Empire Retrieved from: [video].http://www.c-spanvideo.org/program Harriger, K. J. (2011). How The Writ Became Great. Review Of Politics’ 73 (1), 162-164 Katyal, N., Bongiovanni, G., & Valentini, C. (2007, December). Terrorism, emergency Powers, and the role of the U.S Levin-Waldman, O. M. (2012). American government. San Diego, CA: Bridgepoint Education, Inc MacMillan, K. (2010). Habeas Corpus: From England to Empire. Journal Of British Studies, 49(4), 874-876 Niday, J. (2008). The war against terror as war against the Constitution. Canadian Review of American Studies, 38(1), 101-117 Circumstances exception. Brigham Young University Law Review, 2009(6), 1907- 1933

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