Weaver Week 5 assignment POL 201
Habeas Corpus and the War on Terror
Matasha L. Weaver
POL 201: American National Government
Instructor Saundra McDavid
February 2, 2015
September 11, 2001 was a day that changed the lives of the American people forever. Widespread shock, panic, sadness, pain, and despair flooded our nation as a result of the senseless acts of violence inflicted by terrorists. With the nation reeling from the shock and emotions running high, the American people wanted immediate answers and justice. As if a name or a face to tie to this act would somehow ease the pain left in their hearts. This kind of out cry added extra pressure to former President George W. Bush and his administration to act quickly and give the nation’s people the answers they so desperately craved. In an attempt to have speedy answers Former President Bush went out of his way to go beyond the grasp of the judicial system, which strongly enforces writs of habeas corpus. This strategy utilized by the Bush administration has been a topic of much discussion. The following will examine these questions as well as giving a brief history of habeas corpus. It will then explore the suspension of habeas corpus in the United States, give an analysis of the relevancy of habeas corpus, and explain the Supreme Court’s interpretation of habeas corpus. Finally, it will evaluate four different perspectives on habeas corpus. First, what is habeas corpus? According to Cornell University Law School, Habeas corpus is a writ that is used to bring an individual who has been convicted of a crime in a state court to the federal court system. Writs of habeas corpus are typically used to review the legality of the person’s arrest, imprisonment, or holding (Cornell University Law School, 2015). In today’s society, writs of habeas corpus are mainly used after a conviction in an attempt to prove that the convicted individual was unjustly and illegally detained or imprisoned. Writs of habeas corpus have other uses as well that
Matasha L. Weaver
POL 201: American National Government
Instructor Saundra McDavid
February 2, 2015
September 11, 2001 was a day that changed the lives of the American people forever. Widespread shock, panic, sadness, pain, and despair flooded our nation as a result of the senseless acts of violence inflicted by terrorists. With the nation reeling from the shock and emotions running high, the American people wanted immediate answers and justice. As if a name or a face to tie to this act would somehow ease the pain left in their hearts. This kind of out cry added extra pressure to former President George W. Bush and his administration to act quickly and give the nation’s people the answers they so desperately craved. In an attempt to have speedy answers Former President Bush went out of his way to go beyond the grasp of the judicial system, which strongly enforces writs of habeas corpus. This strategy utilized by the Bush administration has been a topic of much discussion. The following will examine these questions as well as giving a brief history of habeas corpus. It will then explore the suspension of habeas corpus in the United States, give an analysis of the relevancy of habeas corpus, and explain the Supreme Court’s interpretation of habeas corpus. Finally, it will evaluate four different perspectives on habeas corpus. First, what is habeas corpus? According to Cornell University Law School, Habeas corpus is a writ that is used to bring an individual who has been convicted of a crime in a state court to the federal court system. Writs of habeas corpus are typically used to review the legality of the person’s arrest, imprisonment, or holding (Cornell University Law School, 2015). In today’s society, writs of habeas corpus are mainly used after a conviction in an attempt to prove that the convicted individual was unjustly and illegally detained or imprisoned. Writs of habeas corpus have other uses as well that
References: Annenberg Classroom. 2015. National Security vs Civil Liberties. Retrieved on February 2, 2015 from http://www.annenbergclassroom.org/speakout/national-security-vs-civil-liberty-how-do-you-feel-about-the-patriot-act Cornell University Law School. (2015). Habeas Corpus. Retrieved on February 2, 2015 from http://www.law.cornell.edu/wex/habeas_corpus Fallon Jr., R. H. (2010). THE SUPREME COURT, HABEAS CORPUS, AND THE WAR ON TERROR: AN ESSAY ON LAW AND POLITICAL SCIENCE. Columbia Law Review, 110(2), 352-398. Federal judicial Center. (2015). Habeas Corpus Jurisdiction in the Federal Courts. Retrieved on February 2, 2015 from http://www.fjc.gov/history/home.nsf/page/jurisdiction_habeas.html Federman, C. (2014). Habeas Corpus in the Age of Guantanamo. Retrieved on February 2, 2015 from http://www.academia.edu/692284/Habeas_corpus_in_the_age_of_Guantanamo Levin-Waldman, O. M. (2012). American government. San Diego, CA: Bridgepoint Education, Inc. Lewis, T. T. (2014). Habeas Corpus Act. Salem Press Encyclopedia, The Rutherford Institute. 2015. Habeas Corpus. Retrieved on February 2, 2015 from https://www.rutherford.org/constitutional_corner/habeas_corpus/ Schanberger, W. (2015). An “Unconstitutional” Act? The Suspension of the Writ of Habeas Corpus. Retrieved on February 2, 2015 from http://www.gilderlehrman.org/history-by-era/american-civil-war/resources/%E2%80%9Cunconstitutional%E2%80%9D-act-suspension-writ-habeas-corpus