Civil Liberties, Habeas Corpus, and the War on Terror
“Do we fear terrorism so much that we throw out our Constitution, and are we unwilling and afraid to debate our Constitution?” -Rand Paul
We are living in a world that has been overwhelmed with war; a war that many of us will never have to physically fight but one that challenges us mentally every day. A war of terror and the constant battle against it. We have been overwhelmed with events that have led us to feel safety may be unattainable and at some point, when we are no longer able to protect ourselves physically, we have to rely on our legal system to protect us from evil in the world. It is sometimes hard to believe that anyone who acts against us would have legal rights at all but we live in a country that promotes freedom and allows everyone to be innocent until proven guilty. In the United States we are provided civil liberties that protect us, but can those rights get in the way of stopping an enemy and protect the wrong person? In the following paragraphs I will discuss in detail one legal action that was created to protect you and me, but in recent years has raised questions that challenge us to see that protection differently and maybe allow you to answer the question Rand Paul has asked.
Habeas Corpus is an English common law that has existed for centuries as a “fix” of sorts for a legal system to protect a person being kept in custody. When used correctly, it essentially gives that person, or someone directly representing that person, the right to ask why they are being restrained and kept from other common laws and protects them from unlawful imprisonment. If held for reasons that cannot be explained then the law allows them to be released. This right can be suspended for various reasons but was put in place to allow for a balanced court and containment system. (http://legal-dictionary.thefreedictionary.com/Habeas+Corpus).
In modern America, it is easy to relate Habeas Corpus to our Sixth Amendment rights that state, “In all criminal
We are living in a world that has been overwhelmed with war; a war that many of us will never have to physically fight but one that challenges us mentally every day. A war of terror and the constant battle against it. We have been overwhelmed with events that have led us to feel safety may be unattainable and at some point, when we are no longer able to protect ourselves physically, we have to rely on our legal system to protect us from evil in the world. It is sometimes hard to believe that anyone who acts against us would have legal rights at all but we live in a country that promotes freedom and allows everyone to be innocent until proven guilty. In the United States we are provided civil liberties that protect us, but can those rights get in the way of stopping an enemy and protect the wrong person? In the following paragraphs I will discuss in detail one legal action that was created to protect you and me, but in recent years has raised questions that challenge us to see that protection differently and maybe allow you to answer the question Rand Paul has asked.
Habeas Corpus is an English common law that has existed for centuries as a “fix” of sorts for a legal system to protect a person being kept in custody. When used correctly, it essentially gives that person, or someone directly representing that person, the right to ask why they are being restrained and kept from other common laws and protects them from unlawful imprisonment. If held for reasons that cannot be explained then the law allows them to be released. This right can be suspended for various reasons but was put in place to allow for a balanced court and containment system. (http://legal-dictionary.thefreedictionary.com/Habeas+Corpus).
In modern America, it is easy to relate Habeas Corpus to our Sixth Amendment rights that state, “In all criminal