Habeas Corpus and the War on Terror Persuasive Essay by gnossos

Habeas Corpus and the War on Terror
An analysis of the history of habeas corpus in regards to Guantanamo Bay detainees and those labelled "terrorists."
# 153638 | 2,075 words | 10 sources | APA | 2013 | US
Published on Aug 02, 2013 in Political Science (Terrorism) , Political Science (Human Rights)

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The paper questions whether all prisoners, including Guantanamo Bay detainees, should be entitled to habeas corpus and other liberties. The paper begins by outlining the historical context of the human right of habeas corpus and discusses the only two times when habeas corpus has been suspended in the two centuries following the ratification of the Constitution. The paper considers the relevancy of habeas corpus today and looks at the interpretation of habeas corpus by the US Supreme Court in regards to enemy combatants. The paper discusses how President Barack Obama signed the National Defense Authorization Act and argues that the ability of the President to override Constitutional civil liberties such as habeas corpus is both frightening and outrageous. Furthermore, this author contends that everyone should be allowed due process at all times, no matter their actual or perceived crime.

Table of Contents:
Introduction / Habeas Corpus: Historical Context
The Suspension of Habeas Corpus / Relevancy of Habeas Corpus Today
Boumediene v. Bush / Opinions, Perspectives & Roles
Personal Opinion and Conclusion

From the Paper:

"Many government policies - or at least the enforcement thereof - tend to evolve and change over time. This is no different for habeas corpus. No matter how much habeas corpus has evolved over the years, the Constitution still stands with this statement: "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," (Article I, Section IX of the US Constitution).
"The fundamental right of habeas corpus is so vital to US civil liberties, it is written within the Constitution rather than appearing in the Bill of Rights. Essentially, habeas corpus is the cornerstone of all other rights. Its primary function is to protect against arbitrary or unlawful imprisonment and to ensure that all civil liberties are granted to each and every prisoner.
"The mark habeas corpus has made not only in present society but also in history itself is undeniably monumental. First appearing in the Magna Carta of 1215, habeas corpus is the oldest human right in all of English speaking civilization's long and torrid history. At its core, it was conceived from the belief that government cannot detain a person indefinitely unless they have been charged. Governments must either release a prisoner or charge them (N/A, Rutherford, 2013)."

Sample of Sources Used:

  • BOUMEDIENE v. BUSH. (2007 - 2008). (Nos. 06-1195 and 06-1196). 476 F. 3d 981, reversed and remanded. Retrieved from http://www.law.cornell.edu/supct/html/06-1195.ZS.html.
  • Burton, J. (June 13, 2008). "US Supreme Court upholds habeas corpus forGuantanamo Bay prisoners." Global Research. <http://www.globalresearch.ca/us-supreme-court-upholds-habeas-corpus-for-guant-namo-bay-prisoners/9310>
  • Falk, H. (2002). Habeas Corpus. Funk & Wagnall's New World Encyclopedia. Retrieved from http://ehis.ebscohost.com.proxy-library.ashford.edu/eds.
  • Freedman, E. M. (2003) Habeas Corpus: Rethinking the Great Writ of Liberty. New York and London: New York University Press.
  • Greenhouse, L. (June 29, 1996). "THE SUPREME COURT: HABEAS CORPUS; Justices Uphold Newly Set Limit on Federal Appeals by Inmates." The New York Times. Retrieved from http://www.nytimes.com.

Cite this Persuasive Essay:

APA Format

Habeas Corpus and the War on Terror (2013, August 02) Retrieved March 01, 2024, from https://www.academon.com/persuasive-essay/habeas-corpus-and-the-war-on-terror-153638/

MLA Format

"Habeas Corpus and the War on Terror" 02 August 2013. Web. 01 March. 2024. <https://www.academon.com/persuasive-essay/habeas-corpus-and-the-war-on-terror-153638/>