Essay on Civil Liberties, Habeas Corpus

1990 Words Jun 6th, 2013 8 Pages
Civil Liberties, Habeas Corpus, and the War on Terror
Ashford University
POL 201

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
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As a feature of common law, the right of Habeas corpus reflects the age old contest between individual and the state. Habeas corpus empowers the individual in holding accountable the exercise of the states power to influence liberty. Our founding fathers were well aware of the Magna Carta, and its astonishing abilities to be something great especially James Madison who was the primary architect of the American Bill of Rights. Greatly influenced by the potential of the agreement, James Madison began his own interpretation. James Madison borrowed heavily from Article 39 of the Magna Carta which limited the legislative power. Madison was a key player in growing that particular article into the Bill of Rights. It was through Magna Carta and our founding fathers interpretation of that article that the American courts used and still use today when interpreting the rights of enemy combatants. (Halliday, 2011) September 24th 1862 Lincoln issued a proclamation suspending the writs of Habeas corpus nationwide and specified whose rights would be suspended. All traitors and rebel militias against the U.S. shall be subject to martial law and liable to trial and punishment. (Longley, 2012) In 1866 after the American Civil War had ended the Supreme Court officially and fully restored Habeas corpus throughout the entire nation. That would not be the first time a
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