Habeas Corpus Essay - 1566 Words

HABEAS CORPUS TERESA WATSON AMERICAN NATIONAL HISTORY PROFESSOR BRENT SCHINDLER FEBUARY 4, 2013 Habeas Corpus in its most familiar form has played an important role in â€Å"Anglo American history as a safe guard of individual liberty. It is defined as being a writ directed by a judge to some person who is detaining another, commanding him to bring the body of the person in his custody at a specified time and a specified place for a specified purpose. In contemporary practice, the writ is most commonly used to challenge the legality of criminal convictions and sentence, though it is also used to challenge the legality of custody in other settings, including immigration, mental health, and military contexts. The availability†¦show more content†¦Only the federal government and not the state are limited by the clause. The issue has caused critical attention is the authority in which the clause places the power of determined weather the circumstances warranted suspension of the privilege of the writ. At the convention, the first proposal of the suspending authority expressing vested in the legislature the suspending power but the authority of this proposal did not retain this language when the matter was taken up the present language then being adopted. Nevertheless, congress power to suspend has assumed in early commentary and stated by the court. Commander-in-Chief clause, states that the President shall be commander in chief of the Army and Navy of the United States, and of the Militia of several states, when called into the actual service of the U.S. To what extent the President has the authority to use the military absent of congressional declaration of war have proven to be sources of conflict and debate throughout American history. Some may believe that the Commander in Chief clause confers expansive powers on the President, but others may argue that if even if that is the case, the constitution doesn’t define precisely the extent of the powers. To construe the clause narrowly, asserting that the Framers gave the PresidentSho w MoreRelatedThe Right Of Habeas Corpus1531 Words   |  7 PagesWhich brings me to the issue of habeas corpus, and the rights or civil liberties of detainees who have been deemed enemy combatants. To understand the right of habeas corpus in the context of the war on terror, you must first understand the historical evolution of habeas corpus, including its English and American traditions,examine times in U.S. history when habeas corpus was suspended and their applicability to the present, closely analyze the relevance of habeas corpus to the contemporary U.S. situationRead MoreHabeas Corpus : Historical Background3278 Words   |  14 PagesSuspension of Habeas Corpus: Historical Background The government has often engaged in the suspension of habeas corpus in times of wars and insurrections. This practice is by no means new, and goes back as far as the Civil War. An analysis of this practice shows that it is, at best, a short term measure. In the recent past, the US Supreme Court took up this topic in the context of the war on terrorism, and their findings-and the analysis that support those findings-reinforces this position. Habeas corpusRead MoreTaking a Look at Writs of Habeas Corpus 1615 Words   |  7 Pageswhether they had the jurisdictional authority to accept writs of habeas corpus from detainees held in Guantanamo Bay Cuba. Historically, Lincoln’s unilateral suspension of habeas corpus during the Civil War was the first instance in which the courts had a chance to review the indefinite detention of citizens of the United States. â€Å"The detention of John Merryman, a southern sympathizer who petitioned for review under habeas corpus was taken on by then Chief Justice Robert Taney†. â€Å"Taney (who wasRead MoreHabeas Corpus And The War On Terror1072 Words   |  5 PagesTo 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, (â€Å"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 personRead More Lincoln And The Suspension Of Habeas Corpus1381 Words   |  6 PagesRaymond Mora Political Science 433 Professor Soper 10 October 2017 Lincoln and the Suspension of the Writ of Habeas Corpus Throughout American history, the writ of habeas Corpus has been the basis of the legal system of the United States, meant to preserve civil freedoms. Habeas corpus established a constitutional check on any dictatorial power that tried to present itself. It allowed any individual that was arrested to stand in front of the court to challenge whether they were being imprisonedRead MoreHabeas Corpus And The War On Terror2110 Words   |  9 Pages Habeas Corpus and the War on Terror Joshua Beasley POL201: American National Government Mark Ladd January 12, 2015 â€Æ' Habeas Corpus and the War on Terror Every person has the right to undergo a judicial hearing to avoid illegal detention. However, if that person poses threat to the society and the state, there are instances that the said right is overseen where these types of people are quickly detained after capturing. The writ of Habeas Corpus gives the rights to the captured people to undergoRead MoreThe Right of Habeas Corpus and the War on Terror1321 Words   |  6 PagesThe Right of Habeas Corpus and the War on Terror Introduction September 11, 2001 changed the United States forever. This disastrous attack on the Pentagon and the twin towers at the World Trade Center destroyed the lives of thousands of people. Over 3,000 people were killed, including hundreds or firefighters and policemen, many of which were never found. The attackers were Islamic terrorists from Arab nations. The war on terror declared by the Bush Administration, had become one of the mostRead MoreHabeas Corpus and the War on Terror Essay1307 Words   |  6 Pageshow the war is going and how the terrorists were classified as such. I will also be providing information on Habeas Corpus both past and present as well as what it means both in English and American traditions. Furthermore the way everything will be written will answer very specific questions asked and I shall answer them. The first portion of the essay is about the history of habeas corpus and how it came to be. This is an act that originated back in 1863 to suspend the right to trial if you areRead MoreEssay on Civil Liberties, Habeas Corpus1990 Words   |  8 PagesCivil Liberties, Habeas Corpus, and the War on Terror Charlotte Ashford University 04//2013 POL 201 Instructor Civil Liberties, Habeas Corpus, and the War on Terror have all played a role throughout history. Throughout history, the motivation of man’s self interest has concluded in the domination of those with little or no power in the absence of the rule of law. The war on terror presents an unpredictable challenge for the United States since terrorists are apprehendedRead Morethe right of habeas corpus in the context of the war on terror621 Words   |  3 Pagesright of habeas corpus in the context of the war on terror. Your essay should address the following subtopics: Explain the historical evolution of habeas corpus, including its English and American traditions. The explanation of its evolution within the American tradition should include the general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties. Provide examples from U.S. history of the suspension of habeas corpus