The Right Of Habeas Corpus

This Amendment was passed by Congress on September 25, 1789 and was ratified by the states December 15, 1789. It is a part of the Bill of Rights, the first Ten Amendments of the Constitution.

Dating back to the late 1600s, society has continuously drafted new documents advocating for rights and liberties. The English Bill of Rights of 1689 is one of those initial documents. The

When our Nation had regarded themselves as thirteen newly colonies and to separate themselves from Great Britain. Congress had imparted to the state legislature twelve amendments to the Constitution. These Amendments later became the Bill of Rights, the first basic rights that the country was founded to provide. The whole point that the Bill of Rights were made was so that new Federal Government were prevented from impairing human rights and freedom. However, these rights are being undermined through extreme liberalism that happens in the education system predominantly the First Amendment.

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

1. The general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties.

In order to understand rights and liberties during wartime situations, some background information needs to be addressed and explained. This paper will explain the definition of habeas corpus and the role of the Judicial, Legislative and Executive Branches of government during wartime and conflicts, how the President will sometimes take matter into his own hands.

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

To understand civil liberties, one must first understand why the Bill of Rights was added to the Constitution. Civil liberties include balancing interests. There has to be a balance between a citizen’s freedom, the government interests, and public safety (Bianco & Canon, 2015, p. 107). Along with balancing interests came drawing lines and defining the limits of acceptable conduct by the government or an individual citizen in the context of a specific civil liberty (Bianco & Canon, 2015, p. 108). Although the courts outline the limitations of our civil liberties, often times, other branches of government and the public get involved. There were early concerns of the public as to how our civil liberties would be defined (Bianco & Canon, 2015, p.109). As stated in American Politics Today, there were only limited protections outlined in the original Constitution, such as protection against illegal incarceration (Bianco & Canon, 2015, p. 109). States were adamant about individuals requiring protection from the federal government. The fight for the Bill of Rights was not necessarily an easy one. Because the Bill of Rights only applied to the national government, another amendment was submitted that also required states to also uphold civil liberties (Bianco & Canon, 2015, p. 109). This was denied by congress as the Bill of Rights was to make the national government stronger. Unfortunately, the Bill of Rights had a minor

he death sentence has been around for all most all of our counties history starting with hangings and execution style deaths. The Fifth, Eighth, and Fourteenth Amendments stand behind the death penalty in the United States until the 1960’s when people started challenging the basic legal standards if the death penalty is correct. People started seeing the death penalty as a form cruel and unusual punishment and a way of it keeping our country in the “older times” During the mid-Nineteenth Century a movement called the Abolitionist Movement started to gain the county attention (especially in the Northeast) and the death penalty started to move out of the public eye and into correctional facilities. Pennsylvania being the first state to do so in 1834. Some of the first states to abolish the death penalty were

The Magna Carta and the English Bill of Rights defined large parts of Great Britain’s constitution. The United States originally being English colonies, the U.S. Constitution draws multiple ideas from the two documents. In the year of 1225, King Henry III issued the final version of the Magna Carta for the purpose of keeping the monarch’s powers in check after King John’s unpopular, tyrannical rule. The Magna Carta brought about parliament, as well as the right to a fair judicial system, and granted freedoms and rights to citizens and barons. Many of the rights granted in the U.S. Bill of Rights originate from Magna Carta, such as the right to a jury of one’s peers. The English Bill of Rights adds onto the Magna Carta, written in 1689 under William and Mary in response to King

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

To understand Habeas Corpus and how it has played its part in the war on terror, a look at what it is and how it started should be looked at. Habeas Corpus, (“you should have the body”), is an old legal procedure that protects against unlawful and indefinite imprisonment. It is issued by a judge and does not determine whether the individual is guilty or innocent, but whether they are illegally imprisoned. If the charges are considered valid, the individual will go to trial, if not, the person goes free.

The development of the criminal justice system in America was greatly influenced by English common law. However, there were some notable differences. In developing what would become the Constitution, the Founding Fathers were also influenced by the fractious relationship the colonies had had with the British sovereign and by Enlightenment philosophy of inalienable human rights. After America became a sovereign nation, it created a written constitution which specifically delineated the rights of all citizens in what came to be known as the Bill of Rights. The process of judicial review of American law was established with the U.S. Supreme Court case of Marbury v. Madison (History and organization of the federal judicial system, 2008, American.gov).

Habeas corpus is an important part of the Constitution because it prevents a prisoner being held for an indefinite amount of time long without having formal charges filed against them. This is important in restricting the ability of governments to deny personal freedoms.