THE HISTORY OF HABEAS CORPUS
Civil Liberties, Habeas Corpus, and the war on Terror
Jean M. Tamayo
POL201
Professor Dovie Dawson
08/26/2013
This paper will explain civil liberties, habeas corpus, and the war on terror. It will show how
each is intertwined with the other two. It will give examples to help you better understand the
processes and purposes of each of them.
Here I will explain the difference between "civil rights" and "civil liberties." The area known as
"civil rights" is the basic right to be free from unequal treatment based on certain characteristics like
race, gender, disability, etc. in employment and housing. "Civil liberties" are about basic rights and
freedoms that are guaranteed. These include freedom of speech, right to privacy, the right to be free of
unreasonable searches of your home, right to a fair trial, right to marry, and the right to vote. A lot of
people get these two terms mixed up.
The right of writs of habeas corpus are granted in Article I, Section 9, clause 2 of the
Constitution, which states, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless
when in Cases of Rebellion or Invasion the public Safety may require it." Longely, R. (2006).
Basically, it is the right to be brought before a judge who will determine whether or not you are being
held legally.
Habeas corpus is Latin for “that you have the body”. It 's origin seems to have preceded the
English Magna Carta in 1215. “It is thought to have been common law by the time of Magna Carta,
which says in Article 39: "No freeman shall be taken or imprisoned or disseised or exiled or in any way
destroyed, nor will we go upon him nor will we send upon him except upon the lawful judgment of his
peers or the law of the land." (Blackstone, Sir William; 18th Century). Habeas corpus is part of our civil
liberties which of
Jean M. Tamayo
POL201
Professor Dovie Dawson
08/26/2013
This paper will explain civil liberties, habeas corpus, and the war on terror. It will show how
each is intertwined with the other two. It will give examples to help you better understand the
processes and purposes of each of them.
Here I will explain the difference between "civil rights" and "civil liberties." The area known as
"civil rights" is the basic right to be free from unequal treatment based on certain characteristics like
race, gender, disability, etc. in employment and housing. "Civil liberties" are about basic rights and
freedoms that are guaranteed. These include freedom of speech, right to privacy, the right to be free of
unreasonable searches of your home, right to a fair trial, right to marry, and the right to vote. A lot of
people get these two terms mixed up.
The right of writs of habeas corpus are granted in Article I, Section 9, clause 2 of the
Constitution, which states, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless
when in Cases of Rebellion or Invasion the public Safety may require it." Longely, R. (2006).
Basically, it is the right to be brought before a judge who will determine whether or not you are being
held legally.
Habeas corpus is Latin for “that you have the body”. It 's origin seems to have preceded the
English Magna Carta in 1215. “It is thought to have been common law by the time of Magna Carta,
which says in Article 39: "No freeman shall be taken or imprisoned or disseised or exiled or in any way
destroyed, nor will we go upon him nor will we send upon him except upon the lawful judgment of his
peers or the law of the land." (Blackstone, Sir William; 18th Century). Habeas corpus is part of our civil
liberties which of
References: http://www.rawstory.com/rs/2012/12/01/maddow-time-to-end-the-war-on-terror/ Blackstone, Sir William (18th Century); Retrieved from http://news.bbc.co.uk/2/hi/uk_news/magazine/4329839.stm Fergusun, D. (2012) Maddow: Time to end the 'War on Terror '. Gharib, A. (2008) Supreme Court Reinstates Habeas Corpus. Retrieved from;http://www.monitor.net/monitor/0806a/copyright/supremegitmohabeas2.html Levin-Waldman, O. M. (2012). American government. San Diego, CA: Bridgepoint Education, Inc. Longley, R. (2006). Bush and Lincoln both suspended Habeas Corpus; Retrieved from http://usgovinfo.about.com/od/rightsandfreedoms/a/habeuscorpus.htm New York Times (2007); Retrieved from: http://www.nytimes.com/2007/09/17/opinion/17mon1.html?_r=0