Essay on "Habeas Corpus U.S. Constitution Relationship"

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Essay 6 pages (1863 words) Sources: 7

[EXCERPT] . . . .

The president as the commander in chief of the defense forces must however remain committed to protecting the citizens from security threats and terror attacks both from within their jurisdictions and external attacks. Besides, the need to defend the territory from invasion and attack should not be used as an excuse of denying the detainees their right to be heard and brought before the courts in order to know their alleged charges. In instances where suspensions have been made, the duration of such suspensions should not be prolonged as this could see innocent individuals detained and their fundamental freedoms infringed.

In conclusion, the writ of habeas corpus remains relevant even in the periods of security threats and territorial invasions. Different governments should remain committed in ensuring that the necessary legislations are passed to ensure that civil rights are respected without exposing the state to much security threats. There should also be cooperation amongst the various jurisdictions in dealing with the threat of terrorism and other securities. The judiciary must also continue to demand that individuals detained are brought before the courts to get justice. The executive should also not fail to abide by the ruling of the supreme in matters of constitutionality and must limit instances in which they suspend the writ of habeas corpus.

References

Binney, H. (1865). The privilege of the writ of habeas corpus under the Constitution. Philadelphia: C. Sherman & Sons, printers.

Boumediene v. Bush, F. (2008). ProPublica has published a chart listing habeas challenges by Guantanamo detainees that have been decided by
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federal judges.

Department of Justice. (2009). Department of Justice Withdraws 'Enemy Combatant' Definition for Guantanamo Detainees Retrieved March 13, 2009, from http://www.usdoj.gov/opa/pr/2009/March/09-ag-232.html

Freidel, F.B. (1967). Union pamphlets of the Civil War, 1861-1865. Cambridge: Belknap Press of Harvard University Press.

Garcia, M.J. (2008). Boumediene v. Bush Guantanamo detainees' right to habeas corpus. Washington D.C: Congressional Research Service.

Wert, J.J. (2011). Habeas corpus in America: the politics of individual rights. Lawrence, Kan: University Press of Kansas.

White House Memorandum. (2002). Humane Treatment of al Qaeda and Taliban Detainees" Retrieved February… READ MORE

Quoted Instructions for "Habeas Corpus U.S. Constitution Relationship" Assignment:

Write an essay about the right of habeas corpus in the context of the war on terror. Your essay should address the following subtopics:

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.

2-The historical evolution of habeas corpus, including its English and American traditions.

3-Examples from U.S. history of the "suspension" of habeas corpus and their applicability to the present.

4-The relevance of habeas corpus to the contemporary U.S. situation during the war on terror, especially with respect to persons characterized by the President as "enemy combatants" or "illegal combatants."

5-The U.S. Supreme Court's interpretation of the right of habeas corpus with respect to "enemy combatants" or "illegal combatants" (i.e., the views of the five justices making up the majority in Boumediene v. Bush as well as the views of the four dissenting justices).

6-Your evaluation of various perspectives on this topic expressed by justices of the Supreme Court, leaders in other branches of government, and commentators in both the academic and popular media. Your assessment should consider several perspectives on this topic, including :

7-The role of the President as commander-in-chief.

8-The role of Congress in determining when habeas corpus can be "suspended."

9-The role of the Supreme Court in protecting civil liberties, including the judicial philosophy which should guide the Court in this role, and

10-Your personal philosophy, values or ideology about the balance between civil liberties and national security in the context of an unending war on terror.

Requirements:

A-The paper must start with a short introductory paragraph which includes a clear thesis statement. The thesis statement must tell readers what the essay will demonstrate.

B-The paper must end with a short paragraph that states a conclusion. The conclusion and thesis must be consistent.

C-The paper must logically develop the thesis in a way that leads to the conclusion, and that development must be supported by facts, fully explained concepts and assertions, and persuasive reasoning.

D-The paper must address all subtopics outlined above. At least 20% of the essay must focus on subtopic 6, above (your evaluation of arguments about the topic).

E-Your paper must cite at least three academic articles (excluding the course textbook) and at least four other kinds of sources (e.g., Supreme Court opinions, magazine or newspaper articles, the course textbook, and reliable websites or videos).

F -While brief quotes from sources may be used, altogether the total amount of quoted text must be less than five percent of the body of your paper.

G -When you use someone else's words, they must be enclosed in quotation marks followed by an APA in-text short citation – (Author, Year, page) – to your source. The in-text citation must correspond to a full APA citation for the source on the reference page at the end of the essay.

H-When you express in your own words someone else's ideas, arguments or facts, your statement must be followed by an APA in-text short citation – (Author, Year, page) – to your source. The in-text citation must correspond to a full APA citation for the source in the reference page.

For this paper you need to do research in peer-reviewed journals or other sources that are considered to have reliable information. In addition to your required course text, you need at least seven professional scholarly sources, three of which must be peer reviewed journal articles from the Ashford Online Library.

How to Reference "Habeas Corpus U.S. Constitution Relationship" Essay in a Bibliography

Habeas Corpus U.S. Constitution Relationship.” A1-TermPaper.com, 2012, https://www.a1-termpaper.com/topics/essay/habeas-corpus-us-constitution-relationship/9392166. Accessed 5 Oct 2024.

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A1-TermPaper.com. (2012). Habeas Corpus U.S. Constitution Relationship. [online] Available at: https://www.a1-termpaper.com/topics/essay/habeas-corpus-us-constitution-relationship/9392166 [Accessed 5 Oct, 2024].
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[1] ”Habeas Corpus U.S. Constitution Relationship”, A1-TermPaper.com, 2012. [Online]. Available: https://www.a1-termpaper.com/topics/essay/habeas-corpus-us-constitution-relationship/9392166. [Accessed: 5-Oct-2024].
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1. Habeas Corpus U.S. Constitution Relationship. A1-TermPaper.com. https://www.a1-termpaper.com/topics/essay/habeas-corpus-us-constitution-relationship/9392166. Published 2012. Accessed October 5, 2024.

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