POL 201
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. The term habeas corpus which is Latin for you have the body have reference to the writ of inquiring into the lawfulness of a person who is detained the guardian of an inmate to transport that inmate in front the court and justify the details for his or her incarceration. A court order of habeas corpus is a test to the lawfulness of an inmate custody and does not require an investigation into the inmate’s guiltiness or their innocence. Once the court has finished the details for imprisonment the court the inmate or return the inmate into confinement. The use of the habeas corpus has origins in English communal law dating back to the 14th century and became a part England’s legislative law in 1679. The American colonial courts distributed the writ at common law, and state governments remain to understand the rights of habeas corpus following liberty. In 1807 the Supreme Court acclaimed that the municipal courts could not give habeas corpus to inmates that were being held by the state and or local government because Congress could not grant that kind of power. Habeas Corpus today especially after what happened on September 11th President Bush made many efforts to rescind the constitutional rights of habeas corpus. He wanted to refuse habeas corpus trials to those that were in custody at Guantanamo Bay. The President pushed
References: Bolick. C. & Bullock, S. (1997). State of the supreme court Burton. J. (2008). U.S. Supreme Court upholds habeas corpus for Guantanamo bay prisoners Dueholm, J. (2008). Lincoln’s suspensions of habeas corpus: An historical and constitutional analysis Greenwald, G. (2009). Obama and habeas corpus then and now Head, T. (2008). Boumediene v. bush Longley, R. (n.d.). Bush and Lincoln both suspended habeas corpus Palomares, E. (2002). Illegal confinement presidential authority to suspend the privilege of the writ of habeas corpus during times of emergency www.law.cornell.edu