Pol 201 Final Paper Essay Example
The War on Terror – Rights and Liberties
Michael Jackson
POL 201
Professor Weinerman
November 9, 2012
The War on Terror – Rights and Liberties
In order to understand rights and liberties during wartime situations, some background information needs to be addressed and explained. This paper will explain the definition of habeas corpus and the role of the Judicial, Legislative and Executive Branches of government during wartime and conflicts, how the President will sometimes take matter into his own hands.
During wartime periods of our history, the President has taken actions that seem to be outside the powers extended the office in the Constitution when it comes to civil liberties. Does the President have the power to continue to act outside the limits of his office or should he work closer with Congress to be a more effective leader and thereby guarding our civil liberties better?
The intent of habeas corpus was for the judge to ask the jailer for the detainee to be brought to him to see if he was being treated fairly. Habeas was never meant as determination of guilt or innocence, just to make sure that the rights of the prisoner were not being abused (Habeas Corpus, 2011).
The English tradition of habeas corpus was the process of the judge writing on a piece of parchment a request to the jailer for the person that was being detained to be brought to him at a certain date and time. This was again to insure that the rights of the individual were not being neglected or that he was not being improperly detained (Halliday, 2011). The American revolution and subsequent freedom from the British led the framers to consider the writ of habeas corpus a vital safeguard against improper imprisonment. The is evident by the inclusion of the statement in the Constitution of the United 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” (Article 1, Section
Michael Jackson
POL 201
Professor Weinerman
November 9, 2012
The War on Terror – Rights and Liberties
In order to understand rights and liberties during wartime situations, some background information needs to be addressed and explained. This paper will explain the definition of habeas corpus and the role of the Judicial, Legislative and Executive Branches of government during wartime and conflicts, how the President will sometimes take matter into his own hands.
During wartime periods of our history, the President has taken actions that seem to be outside the powers extended the office in the Constitution when it comes to civil liberties. Does the President have the power to continue to act outside the limits of his office or should he work closer with Congress to be a more effective leader and thereby guarding our civil liberties better?
The intent of habeas corpus was for the judge to ask the jailer for the detainee to be brought to him to see if he was being treated fairly. Habeas was never meant as determination of guilt or innocence, just to make sure that the rights of the prisoner were not being abused (Habeas Corpus, 2011).
The English tradition of habeas corpus was the process of the judge writing on a piece of parchment a request to the jailer for the person that was being detained to be brought to him at a certain date and time. This was again to insure that the rights of the individual were not being neglected or that he was not being improperly detained (Halliday, 2011). The American revolution and subsequent freedom from the British led the framers to consider the writ of habeas corpus a vital safeguard against improper imprisonment. The is evident by the inclusion of the statement in the Constitution of the United 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” (Article 1, Section