Essay on "Habeas Corpus and War"
Essay 6 pages (2135 words) Sources: 7
[EXCERPT] . . . .
Following the 9/11 attacks, hundreds of people have been detained by the American government in various locations like Guantanamo Bay and Bagram field as part of America's war on terror. The relation between the imprisonment of these people and the privilege is the fact that most of them face indefinite imprisonment without being charged with an offense or afforded the status of prisoner of war. However, these detainees have sought to use the proceedings of habeas corpus in order to challenge the legitimacy of their imprisonment (Farrell, 2010).Initially, the American government held that habeas corpus was not available to the detainees because of their location outside the sovereign American territory and their status as enemy combatants or illegal combatants. The Congress has subsequently made a political decision regarding the suitable scope of habeas corpus and enacted legislation that partly stripped the jurisdiction of federal courts to determine habeas corpus petitions that were brought by enemy combatants. However, the jurisdiction-stripping decision was found unconstitutional by the United States Supreme Court in 2008 in the ruling in Boumediene v. Bush case. Notably, none of the petitioners in the case is a citizen of a country at war with America and denied any associations with any terrorist network. While the views of the dissenting justices was that the privilege should not be granted to enemy combatants, the majority conferred the constitutional right of habeas corpus on alien enemies detained abroad in the course of war on terror.
In relation to the war on terror, the enactment of the Military Combatant Act purports denying the constitutional right to aliens
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detained by America. While American citizens remain free to challenge their imprisonment in civilian courts, aliens remain subject to the executive determination of their status as illegal or enemy combatants. Through closing the door for alien detainees, the provision demonstrates that the rights of alien detainees are less significant of protection that those of American citizens (Katyal, 2007). However, access or suspension to the right of writ of habeas corpus is determined by the President, Congress, and Supreme Court based on their respective role in administering the law.download full paper ⤓
Conclusion:
Habeas corpus is a constitutional privilege that is used to guarantee individuals the fundamental right against arbitrary imprisonment by the government. In relation to war on terror, the privilege has been suspended for alien detainees considered to be illegal or enemy combatants. However, United States citizens still have the right to challenge the legality of their imprisonment through the use of habeas corpus proceedings.
References:
"Chapter 14 -- The Right to Habeas Corpus." (n.d.). Sunnylands. Retrieved September 19, 2012,
from http://sunnylandsclassroom.org/Downloads/ACBooks/Our%20Rights/Chapters/Chapter%2014-%20Our%20Rights.pdf
Chemerinsky, E. (n.d.). Thinking About Habeas Corpus. Retrieved September 19, 2012, from http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1667&context=faculty_scholarship
Clark, J. (n.d.). Why is Habeas Corpus Important? Retrieved September 19, 2012, from http://people.howstuffworks.com/habeas-corpus-important2.htm
Ebeling, R.M. (2002, April). Civil Liberty and the State: The Writ of Habeas Corpus. Retrieved September 19, 2012, from http://www.fff.org/freedom/fd0204c.asp
Farrell, B. (2010, April 1). Habeas Corpus in Times of Emergency: A Historical and Comparative View. Pace International Law Review, 1(9), 74-96. Retrieved from http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1011&context=pilronline
Katyal, N.K. (2007, March). Equality in the War on Terror. Stanford Law Review, 59(1365),
1365-1394. Retrieved from http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1408&context=facpub
Longley, R. (n.d.). About the Writ of Habeas Corpus. Retrieved September 19, 2012, from http://usgovinfo.about.com/od/usconstitution/a/habeascorpus.htm
Shaw, J. (2009, February). The War and the Writ. Retrieved September 19, 2012, from http://harvardmagazine.com/2009/01/the-war-the-writ?page=all READ MORE
Quoted Instructions for "Habeas Corpus and War" Assignment:
“Write an essay about the right of habeas corpus in the context of the war on terror. The essay should address the following subtopics: *The general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties. *The historical evolution of habeas corpus, including its English and American traditions. *Examples from U.S. history of the "suspension" of habeas corpus and their applicability to the present. *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." *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). *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 : *The role of the President as commander-in-chief. *The role of Congress in determining when habeas corpus can be "suspended." *The role of the Supreme Court in protecting civil liberties, including the judicial philosophy which should guide the Court in this role, and *philosophy, values or ideology about the balance between civil liberties and national security in the context of an unending war on terror.
Follow these requirements when writing the Final Paper: The body of the paper (excluding the title page and reference page) must be at least 1,500 words long. 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. The paper must end with a short paragraph that states a conclusion. The conclusion and thesis must be consistent. 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. 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). 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). Use your own words. 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. 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. 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. The form of the title page, the body pages, and the reference page must comply with APA style. Additionally, the title page must include the course number and name, the instructor's name, and the date submitted. The paper must use logical paragraph and sentence transitions, complete and clear sentences, and correct grammar, spelling, and punctuation. 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 and War" Essay in a Bibliography
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