Civil Liberties, Habeas Corpus, and the War on Terror

Civil Liberties, Habeas Corpus, and the War on Terror

Introduction

The purpose behind this paper is to highlight the Habeas Corpus, during the war on terror and how the Bush administration kept the detained prisoners at GITMO and how their civil liberties were not considered since they were situated in a region beyond the jurisdiction of the US constitution. To begin with their will be a short description regarding the civil liberties of the Habeas Corpus.

Thesis Statement

The Supreme Court should have protected the civil rights of the Habeas Corpus and the whole GITMO facility should have been shut down.

Discussion

Blackstone has called the writ of habeas corpus as the "most celebrated writ in English law" The United states constitution provide the following regarding the habeas corpus. "The privileges of the writ of habeas corpus shall never be suspended unless when it comes to cases of Invasion and Rebellion against the public safety may require it" (Chemerisky, 2001). According to Clark (2012) the habeas corpus can be understood as a way of identifying if a person who has been imprisoned has been jailed legally and for the right reason. When we speak of civil liberties we imply the civil rights of people based on which people are given certain rights and freedom. Presently habeas corpus is only considered for matters related to post conviction for both state and federal prisoners and ensure legal procedures were applied during the judicial proceedings that lead to imprisonment, even though the constitution has not specifically created the right of habeas corpus, it provides the federal courts the right to grant habeas relief to any prisoner, only the congress has this right to suspend the habeas (LII, 2010).

History of Habeas corpus in English law

In the English law the Habeas corpus was first witnessed during the Anglo-Saxon law, it followed the Magna Carta in 1215. The Habeas Corpus was followed in the King and his court, the ever publications on Habeas corpus are recorded by Blackstone the English judge in 1305, during that time Kind Edward 1was the ruler. From the Magna Carta the habeas is presented as follows; "no man will be imprisoned, exiled in any way except through the lawful judgment”. Since the Magna Carta was a part of the Common law in the English law therefore the principle of habeas corpus was incorporated into the law (Habeas corpus, 2002).

History of Habeas corpus in American law

Within the American law the habeas corpus can be traced back to 1801, when the president Thomas Jefferson made the mention of habeas in his first inaugural speech "Freedom of the people who will be protected by the habeas corpus and juries will trial such cases who will be impartial (Rutherford institute, 2001). The habeas corpus was incorporated within the US constitution and even to this day the habeas continues to be a part of the constitution.

Examples of suspension of the habeas corpus

The habeas corpus after it was incorporated in the US constitution in 1861, ...