Guantanamo Bay and Habeas Corpus
Habeas Corpus and The War on Terror
POL 201 American National Government
September 23, 2013
Since September 11, 2001, Americans have faced a new enemy that is not distinguishable by conventional terms of the law of war. As a result of this fact, the detention of these enemy forces has brought about a large debate among, mostly, the Executive branch and the Supreme Court. At the center of the debate is the rights of the enemy detainees. The Supreme Court argues that because their detention is at a location that is under the complete control of the United States, their rights are blanketed under the Suspension Clause of the Constitution and as such, they should be granted the right to seek Habeas Corpus. The Executives maintain that unlawful enemy combatants have no rights under the Constitution of the United States and that the President retains full control over their detention. This paper will look at the English and American background of Habeas Corpus and how it plays into the landscape of war today. I will also briefly look at past suspensions of the writ, as well as the perspectives of the Executive, Legislative, and Judicial branches and how the writ applies to alien enemy combatants. I will also offer my own perspective on the same. Quite simply put, an unlawful enemy combatant caught fighting against the United States oversees and brought to a location that the U.S. does not have sovereignty over, should not be afforded the same rights as the citizens and alien residents of our great nation that they fight against.
The ‘Great Writ’ of Habeas Corpus has its’ roots in English Common Law dating back as early as the 13th century. The literal meaning in Latin is “to have the body” which quite basically obliged that the jailor bring the accused before a court (the King’s Bench) to determine if his detainment and confinement was lawful. In fact, the writ was meant to regulate jailors, resolve issues with
POL 201 American National Government
September 23, 2013
Since September 11, 2001, Americans have faced a new enemy that is not distinguishable by conventional terms of the law of war. As a result of this fact, the detention of these enemy forces has brought about a large debate among, mostly, the Executive branch and the Supreme Court. At the center of the debate is the rights of the enemy detainees. The Supreme Court argues that because their detention is at a location that is under the complete control of the United States, their rights are blanketed under the Suspension Clause of the Constitution and as such, they should be granted the right to seek Habeas Corpus. The Executives maintain that unlawful enemy combatants have no rights under the Constitution of the United States and that the President retains full control over their detention. This paper will look at the English and American background of Habeas Corpus and how it plays into the landscape of war today. I will also briefly look at past suspensions of the writ, as well as the perspectives of the Executive, Legislative, and Judicial branches and how the writ applies to alien enemy combatants. I will also offer my own perspective on the same. Quite simply put, an unlawful enemy combatant caught fighting against the United States oversees and brought to a location that the U.S. does not have sovereignty over, should not be afforded the same rights as the citizens and alien residents of our great nation that they fight against.
The ‘Great Writ’ of Habeas Corpus has its’ roots in English Common Law dating back as early as the 13th century. The literal meaning in Latin is “to have the body” which quite basically obliged that the jailor bring the accused before a court (the King’s Bench) to determine if his detainment and confinement was lawful. In fact, the writ was meant to regulate jailors, resolve issues with
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