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Habeas Corpus and the on War on Terror

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Habeas Corpus and the on War on Terror
Habeas Corpus, and the War on Terror 1

Habeas Corpus, and the War on Terror
Heather Ruggles
POL201 American National Government
Instructor Denise Greaves
April 7, 2013

Habeas Corpus, and the War on Terror 2
The history of Habeas Corpus and the war on Terror Habeas corpus is considered to be one of the most fundamental guarantees of personal liberty we have enjoyed as a country since the inception of our Constitution. However, questions have arisen regarding the proper use of habeas corpus and have been brought into focus in the past decade. In the years since the September 11, 2001 terrorist attacks, hundreds of people have been detained by the United States government as part of its war on terror. Most of these detainees face indefinite detention and have neither been charged with a crime nor afforded prisoner of war status. Habeas corpus serves to protect citizens against arbitrary arrest, torture, and extrajudicial killings and is a fundamental personal libers guaranteed by our Constitution and cannot be suspended based on that fact. In this paper I will be diving in to the history of Habeas Corpus and how it has evolved over the years. I will briefly explain the origination of the habeas corpus, the role it plays in U.S.A and what current action is being taken about it. I will be also looking in to the Bush administration and the way they dealt with habeas corpus.
History
The history of Habeas Corpus is ancient. It appears to be predominately of Anglo-Saxon common law origin, although the precise origin of Habeas Corpus is uncertain. Its principle effect was achieved in the middle ages by use of similar laws, the sum of which helped to mold our current policies. Habeas Corpus has since the earliest times been employed to compel the appearance of a person


References: JACKSON, A. L. (2010). HABEAS CORPUS IN THE GLOBAL WAR ON TERROR: AN AMERICAN DRAMA. Air Force Law Review, 65263-288. obban, M., & Halliday, P. D. (2011). Habeas corpus: From England to empire. International Journal of Law in Context, 7(2), 257-269. doi: 10.1017/S1744552311000085 BOUMEDIENE v. BUSH. The Oyez Project at IIT Chicago-Kent College of Law. 30 January 2013. http://www.oyez.org/cases/2000-2009/2007/2007 06 1195 Staab, J. B. (2008). The war on terror 's impact on habeas corpus: The constitutionality of the military commission’s act of 2006. Journal of the Institute of Justice and International Studies, (8), 280-297. Retrieved from http://search.proquest.com/docview/213962970?accountid=32521 Pond, B. C. (2009). Boumediene v. bush: Habeas corpus, exhaustion, and the special circumstances exception. Brigham Young University Law Review, 2009(6), 1907-1933. Retrieved from http://search.proquest.com/docview/194363601?accountid=32521 Robertson.J. (2002). Habeas corpus the most extraordinary writ. Center for the Preservation of Habeas corpus, Retrieved from: http://www.habeascorpus.net/asp/ Anderson, K. (2006). Law and terror. Policy Review, (139), 3-24. Retrieved from http://search.proquest.com/docview/216453983?accountid=32521
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