Preview

Habeas Corpus

Satisfactory Essays
Open Document
Open Document
389 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Habeas Corpus
I chose to read Law and Terror by K. Anderson. What I got from this article it talked about the legislative branches have concern about the president having absolute power in times of national security wartime and how we as a nation should deal with person that pose a threat to our country safety. What are the proper steps to take so these person habeas corpus right ate not violated and not interrogated/tortured beyond reason?
“Do I abide by the law and let the whole country fall apart or do I violate on law and save the whole county”. I believe that this become a troubling question for any president when the country welfare is threatened. The legislative branch is not truly concerned with the president having total power in these situations if they were concerned they would implement and establish a clear set regulation that would have step in place that may lead up to act of terrorism has been committed when the nation is on full alert for example. When an act of terrorism is committed to me it does not matter if they are detained on or off foreign soil they become an enemy of the state. Habeas Corpus should not exist for you. I understand that this is a right established by our fore fathers in the constitution, but what I do not understand is how you expect to have these right when you are trying to destroy everything that lead to the establishment of these rights and possibly form a county that is was in my opinion so these right do not apply. Why do you think you the land was obtained on foreign soil? When any country has Special Forces and their job is interrogation you think they are thinking about Habeas Corpus?
The thesis for my final will be when written did the constitution consider what would be unjust treatment for crimes/person against the nation two hundred years later and when written could our Fore Father possibly know what imamate danger lie ahead for our great nation.
Foner, E. (n.d.) Lincoln Abuse of the Presidential Power (video) available

You May Also Find These Documents Helpful

  • Satisfactory Essays

    The Miranda v. Arizona case is considered to be one of the most important and famous cases in modern law history that provided the foundation for some important legal provisions. It occurred in 1966 in Arizona, when a young man named Ernesto Miranda, a Mexican immigrant living in Phoenix, Arizona, was charged with robbery, kidnapping, and rape of a young woman several years prior the trial (Zalman, 2010). Before the suspect was interrogated, the police did not inform him of his constitutional right to remain silent which allowed the interrogators to get the confession. Given that this case provided the foundation for the right to remain silent, it became very famous and important. The present paper attempts to analyze the…

    • 140 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    POL 201 Week 5 Final Paper Civil Liberties, Habeas Corpus, and the War on Terror…

    • 36699 Words
    • 107 Pages
    Powerful Essays
  • Satisfactory Essays

    POL 201 Entire Course

    • 159 Words
    • 1 Page

    POL 201 Week 5 Final Paper Civil Liberties, Habeas Corpus, and the War on Terror…

    • 159 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Hamdi VS Rumsfeld

    • 1166 Words
    • 5 Pages

    Legal Issue/ Legal question: The Legal Issue is Due Process. According to the Habeas "litigation" the questions were can the United States hold American citizens as enemy combatants without charging them with a crime, and without the due process clause? The other question was If a detainee tries to go against his enemy combatant status, what rights does he have to go against it?…

    • 1166 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    For anyone who has taken Civics or an American Government class in high school, should know how important the Declaration of Independence, the U.S. Constitution, and the Bill of Rights are to this country. “When in the Course of human events”, “We hold these truths to be self-evident”, “Life, Liberty and the pursuit of Happiness”, and “We the people of the United States, in order to form a more perfect union” should be some of the most recognizable phrases written in some of the most significant documents in history (www.LOC.gov and www.Archives.gov). In the book Judicial Tyranny: The New Kings of America by Mark Sutherland, readers are able to understand what the true role of government should have been and should be for the future as intended by our Founding Fathers. With chapters written by some of the most prominent and notable judges, attorneys, politicians, authors, theologians and most importantly, Christians, readers see the…

    • 1559 Words
    • 7 Pages
    Powerful Essays
  • Best Essays

    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 whereas terrorists are apprehended and deprived of due process. The right of Habeas corpus overrules man's interpretation, in which allows those accused federal and state court representation before judge, or jury. It asserts that accusers deemed innocent until proven guilty, accusers possessed the right to representation, appear in person, and charges brought forth. This essay will concentrate on the evolution of habeas corpus, and its suspension by the United States, its relevance during the war on terror, and the United States Supreme Court's interpretation. Nevertheless, these laws are in place to protect every one, moreover to avoid unlawful apprehension, and ensure that habeas corpus works as intended by the Constitution.…

    • 1857 Words
    • 8 Pages
    Best Essays
  • Good Essays

    In the introduction, Countryman provides basic historical context about the people and issues during the time of the Constitution for readers who are not familiar with it, because it helps the reader better understand the rest of the book. He selects five essays exploring what the political issues were in 1787, whether the Framers were counter-revolutionaries, what the Federalists achieved, whether the Constitution created a republic of white men, and whether we can know the original intent of the Framers. Countryman uses each of these essays to answer a question related to the book’s title.…

    • 583 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    POL 201 Final Paper

    • 1580 Words
    • 4 Pages

    In this paper I will be deliberate on the history of Habeas Corpus and how it has matured over the years. I will describe the beginning of the Habeas Corpus and the position it takes part in the U.S. and what recent act is being used. The United States Constitution must be more effectively unified into the Guantanamo methods to give equal civil rights to inmates despite what their nationality maybe, but to also have more cordial ways of reviewing obstructive servicemen to absolutely verify if they really should be treated as extremists that we should fear.…

    • 1580 Words
    • 4 Pages
    Powerful Essays
  • Best Essays

    The war on terror presents an unpredictable challenge for the United States. Throughout history, the motivation of man’s self-interest has concluded in the domination of those with little or no power. Habeas Corpus is written in the constitution as a right of the people and should be a safeguard to protect all accused persons, but many presidents have found ways not to enforce the right. In history the writ of habeas corpus has been challenged by many president from Lincoln to most recently Bush with abuse of power by the president. I will exam whether the president goes against the constitution to protect the safety of its citizens in a time of war or is it an abuse of power because the president is the commander and chief. Is the president acting on behalf of the people or is it a personal agenda.…

    • 1396 Words
    • 6 Pages
    Best Essays
  • Powerful Essays

    War is a very scary and dangerous monster. It brings the worst in people; it divides families and friends. It makes us question everything we know and with the media we get too much information that we don’t know what to do with it. However, by learning our history, everybody’s role in the government, learning how the system works and learning simple terms like enemy combatant and habeas corpus you can learn that there is more than just our laws and Constitution. We are not alone in this war.…

    • 1387 Words
    • 6 Pages
    Powerful Essays
  • Better Essays

    Have you ever felt like a piece of cheese on a mouse trap just waiting for that mouse to come by and eat you; maybe even a fly stuck in a spider’s web hoping that you can get away? Well I am sure if I had been one of those people in the mist of the chaos on September 11, 2001 that had changed the life of all Americans’ across the country. I would have felt no bigger than that piece of cheese or that fly caught in the web. We were victims of a horrific terrorist attack that shook the very core of our foundation as a country. Twelve years later we are still recovering from this horrendous act. We have been fighting the war on terror for ten years. This is one of the longest wars that the United States has ever fought. While the war rages on the boundaries between national security and civil liberties are blurred. “The big threat to America is the way we react to terrorism by throwing away what everybody values about our country—a commitment to human rights” (Kennedy, 2007). Individual liberties and freedoms are important since without them one can be held indefinitely. Habeas corpus does not infringe upon a person’s civil liberties. In addition, habeas corpus allows an individual to question why they are being detained and ensures that detainees have a right to a fair trial; it is considered to be one of the foundations of constitutional democracy.…

    • 2236 Words
    • 9 Pages
    Better Essays
  • Powerful Essays

    4. The War and the Writ Habeas corpus and security in an age of terrorism…

    • 1666 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Now another question comes up: Does the government still have those certain powers? Technically, the government still has the power to do exactly what they did in the past seeing that no amendments or Supreme Court judicial reviews were passed to say that the government was wrong for doing such. In the United States Constitution: Article 1, Section 1 states some powers that the government has. One of those powers happen to be that the "The Congress shall have the power to ……… make rules for the government." This indicates that the governing body does have the power to pass acts and amendments. There aren't any limitations to what rules the government can make listed in this Article, but there are checks and balances over each branch in government. So what happens if all branches agree with the acts that are being passed? What if neither branch enforces a check on the other branch? The answer to those questions have not been decided yet. In Article 1, Section 8 of the Constitution, it says that the Writ of Habeas Corpus can be suspended in cases of rebellion or invasion of the public safety. This contradicts Amendment V which says that everyone has the right to a just and speedy trial. This is an example on how bits and pieces of the Constitution cancel each other out under various circumstances. The President himself has his own personal…

    • 1413 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    This document has affected the world significantly in a way that it is still used today. The words written have played a huge part in our everyday lives. It gives us our freedom, our equal rights, without it we wouldn’t have these certain “freedoms.”…

    • 154 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    During the time of the Civil War, the issue of slavery was dividing the nation to a tipping point. There were those in the South that believed the Constitution protected slavery, while others in the North didn’t see any connection between slavery and the Constitution in any way, shape, nor form. While the word ‘slave’ is not in the constitution, the term ‘other persons’ is found. This was used to codify ‘slave’. The direction taken on this word in the constitution was that of a limiting action. To answer the prompt, the Constitution opposed slavery. There are two key areas in the Constitution that this essay will examine. First, the ⅗’s compromise clause. Second, Article 1, Section 9, which deals with regulation of commerce.…

    • 425 Words
    • 2 Pages
    Good Essays