Civil Liberties, Habeas Corpus, and the War on Terror

inhumane treatments and could not release any information that could endanger their country. In the end

Thousands of suspects were charged with anarchy and most suspects happened to have been born overseas. Therefore, 2,635 aliens risked being deported because of possible false accusation. ‘“The object of the raids,’ Asst. General Garvan said,’ was to obtain for submission to the Department of Labor cases for deportation of a very large

The Writ of Habeas Corpus states that “the Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion, the public safety may require it" (U.S. Constitution. Art. I, Sec. 9). In simpler terms, this means that the government, or its officials, is forbidden to arrest a citizen without allowing the case to be presented to a judge or court. The dictionary defines a writ as "a form of written command in the name of a court or other legal authority." Since the signing of the Magna Carta in 1215, Habeas Corpus has been a pillar of law in America ("FAQs: What Is Habeas Corpus."). It

Under Article 1, section 9 of the constitution ‘the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion, the public safety may require it.’ Habeas Corpus is the name of a legal action, or writ, through which a person can seek relief from unlawful detention of themselves or another person. Although many people may state that the bombing of Pearl

Blackstone said that the writ of habeas corpus is the most celebrated and venerated of the English law. The US constitution therefore carried this important aspect and thus federal courts were authorized to issue writs of habeas corpus in all cases where a person may be restrained of his or her liberty in violation of the constitution, or any treaty or law of the United States. Chemerinsky (1987) in a detailed study of the operation of the writ of Habeas Corpus says that there are four major considerations in the issue related to the writ. There is the need to consider the separation of powers--the operation of the criminal justice system, the national litigations involved, and the scope of federalism. All these are affected by the changes in the abrogation of the fundamental right, and rule of law. (Chemerinsky, 1987)

27. Habeas Corpus is the right for an individual not to be held in jail for more than 48 hours w/o a formal charge. Lincoln suspended this right during the war to lock up people who

“The Warren Court’s decision to expand federal habeas corpus helped fuel the criminal justice revolution of the 1960’s” (Stephens & Scheb II 2012,2008,2003). Habeas corpus is Latin for “you have the body” and the writ of habeas corpus is a “judicial order issued to an official holding someone in custody, requiring the official to bring the prisoner to court for the purpose of allowing the court to determine whether that person is being held legally” (Stephens & Scheb II 2012,2008,2003). For example in the case of Fay v. Noia (1963) a prisoner appealed to a federal district

During America's most consequential wars, the United States government has restricted civil liberties of the American people despite the nation’s strong rooted foundation for preserving every citizen’s rights. When danger is an ever present factor for the nation due to war or conflict restrictions are often placed on some of the most basic freedoms and liberties. Perfect balancing of these restrictions is vital to the countries wellbeing. One of the most well-known examples of this type of restraint is Abraham Lincoln’s precedent of suspending the writ of Habeas Corpus and issuing martial law. Lincoln’s actions clearly violated the rights of the people that are guaranteed to them under the Constitution. While out of context it wouldn’t

After the September 11 attacks, it was widely believed that the terrorists responsible were hiding throughout the hills and caves of Afghanistan. The United States chose to invade Afghanistan because it was searching for the terrorists. President Bush believed that the Taliban was hiding Osama Bin Laden and his people. The United States and our allies were successful at removing the threat during World War II, but while our military was able to overthrow the Taliban and capture some of Bin Laden’s associates, we are still involved in a war in the Middle East.

The Writ of Habeas corpus is a very important part of fair practice and is necessary in society. It grants people the rights to know what charges are being held against them and if the charges are enough for them to be imprisoned. This goes along with the idea that the burden of the proof rest on plaintiff. The idea

Now Cometh Triginal D. Jackson in a Motion for Dismissal on the grounds of excessive Governmental Involvement and abuse of Fourth Amendment 's "right of the people to be secure in their persons" the Fifth Amendment. Ninth Amendment, and the Fourteenth Amendment.

In October 1864 Milligan was arrested by federal agents under orders from a Union Army commander. Milligan was later placed on trial before a military tribunal and was found guilty and sentenced to death by hanging. President Johnson also sustained Milligan’s execution. Milligan in response petitioned for a writ of habeas corpus in federal court claiming that he should not have been tried by a military tribunal and that the president should not have suspended habeas corpus. The court did not know how to apply the law and requested the review of the Supreme Court. Milligan argued that the power to suspend habeas corpus belongs to Congress not the president and that the president does not have absolute control over martial law. The United States argued that the president has the authority to suspend habeas corpus from the constitutional power of commander in chief and that while the constitution limits the presidents war

POL 201 Week 5 Final Paper Civil Liberties, Habeas Corpus, and the War on Terror

The right of the people to be secure in their persons, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

During the BBC documentary, that shed light to what truly takes place behind the walls of the facility, an American citizen’s heartfelt message to President Obama to continue with the commission hearing to seek justice she stated “you must purse justice for the 3000 victims of September 11th and I ask this in my son Justin’s memory”(Portillo). Justin’s mother’s heartfelt outcry, shown in the documentary, to the President and to the United States government that justice has still not been reached for the deceased or their loved ones. This is a reminder to those that even for a second consider closing this facility that these three thousand people that lost their lives not only were robbed of the opportunity to live fulfilled lives, but also to take part in the lives of their loved ones. The pain that the nation went through during this time has ran deep throughout the nations core and this pain has been reflected in countless efforts to avenge the death of the ones lost during this attack and to prevent others like it. If we were to take the approach of releasing the prisoners we would not only be releasing criminals back into the worlds’ society, but we would also be neglecting the feelings of many Americans.