Habeas Corpus: The Ultimate Writ of Liberty
Habeas Corpus: The Ultimate Writ of Liberty
POL201 American National Government
David Reed
November 5, 2012
Habeas Corpus: The Ultimate Writ of Liberty
In time of war, many quick and unpopular decisions are inevitable. The decisions the President has to make must be in the best interest of the country, and of the world. Although war is unpopular with many people, it is unavoidable in certain circumstances. During wartime, many American people want known enemy combatants to have their rights upheld while being detained. Unfortunately, this is not always feasible. One has to understand that the taking of the liberty of a handful of people to save the lives of thousands, or even millions of people is an unavoidable act. When a citizen of a foreign country, or a citizen of America, who has turned to terrorism, goes to war with America, the rights given to American citizens by the Constitution should be denied.
Wartime is never pleasant and it has the potential to causes the destruction of billions of dollars’ worth of property. However, the loss of life is much more devastating than the loss of property. During war, there are lawful enemy combatants captured by the opposing force and held for information or as bargaining tools. These lawful enemy combatants are known are prisoners of war (POW). If the enemy combatant whom is captured is not entitled to prisoner of war status because he or she does not meet the definition of a lawful combatant as established by the Third Geneva Convention, the prisoner is known as an unlawful enemy combatant (EC). In 2001, when President George W. Bush declared war on terrorism, the war was not against a country but against a particular group. Under the rules of the Third Geneva Convention, terrorists captured during the war on terrorism do not fit the criteria to be labeled a POW. Therefore, these combatants are considered unlawful enemy combatants not bound by the protection of the Third
POL201 American National Government
David Reed
November 5, 2012
Habeas Corpus: The Ultimate Writ of Liberty
In time of war, many quick and unpopular decisions are inevitable. The decisions the President has to make must be in the best interest of the country, and of the world. Although war is unpopular with many people, it is unavoidable in certain circumstances. During wartime, many American people want known enemy combatants to have their rights upheld while being detained. Unfortunately, this is not always feasible. One has to understand that the taking of the liberty of a handful of people to save the lives of thousands, or even millions of people is an unavoidable act. When a citizen of a foreign country, or a citizen of America, who has turned to terrorism, goes to war with America, the rights given to American citizens by the Constitution should be denied.
Wartime is never pleasant and it has the potential to causes the destruction of billions of dollars’ worth of property. However, the loss of life is much more devastating than the loss of property. During war, there are lawful enemy combatants captured by the opposing force and held for information or as bargaining tools. These lawful enemy combatants are known are prisoners of war (POW). If the enemy combatant whom is captured is not entitled to prisoner of war status because he or she does not meet the definition of a lawful combatant as established by the Third Geneva Convention, the prisoner is known as an unlawful enemy combatant (EC). In 2001, when President George W. Bush declared war on terrorism, the war was not against a country but against a particular group. Under the rules of the Third Geneva Convention, terrorists captured during the war on terrorism do not fit the criteria to be labeled a POW. Therefore, these combatants are considered unlawful enemy combatants not bound by the protection of the Third
References: A brief history of Habeas Corpus. (2005, March 09). Retrieved November 04, 2012, from BBC News: http://news.bbc.co.uk/2/hi/uk_news/magazine/4329839.stm Boumediene v. Bush, No. 06–1195 (Supreme Court of the United States June 12, 2008). Justice and Gitmo; The high court 's decision to weigh Habeas Corpus for detainees is a step toward restoring trampled freedoms. (2007, July 08). Los Angeles Times, p. M.2. Retrieved from http://search.proquest.com/docview/422272051?accountid=32521 on November 05, 2012 Robinson, K. (2011, June 26). Historians won 't convict Lincoln for suspension of Habeas Corpus. McClatchy - Tribune Business News. Retrieved from http://search.proquest.com/docview/873651368?accountid=32521 Schultz, D. (2011, July). Habeas Corpus after 9/11: confronting America 's new global detention system. Choice, 48(11), pp. 2190-2191. Retrieved November 05, 2012 from http://search.proquest.com/docview/877038974?accountid=32521 Transcript of Constitution of the United States. (1787). Retrieved from Our Documents: http://www.ourdocuments.gov/doc.php?doc=9&page=transcript