Civil Liberties Habeas Corpus Essay

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Final Paper: Civil liberties, Habeas Corpus and The War on Terror ChaMyra Lewis-Jackson POL201 American Nation Government Dr. Tara Ross 6/28/2015 Civil liberties, habeas corpus and the War on terror Warfare is terrifying and a hazardous abnormality. This brute influence worst actions in individuals; it separates household and close acquaintances. It makes us question everything we know and with the media we get too much information that we don’t know what to do with it. However, by learning our history, everybody’s role in the government, learning how the system works and learning simple terms like enemy combatant and habeas corpus you can learn that there is more than just our laws and Constitution. We are not alone in this war.…show more content…
Non- citizen prisoners’ do not have the right of habeas corpus (Haynes, W. 2002, p.5312) because they are not protected by the Constitution. However, they do have basic human rights that need to be met. Citizen detainees do have the writ of habeas corpus (Haynes, W. 2002, p.5312) because they are protected by the Constitution. However what is stated above may not be what the United State Supreme Court thinks. In Boumediene versus Bush case, the court voted that the detainees have the right to habeas corpus, because Cuba’s base is technically American territory. Chief Justice Roberts is against the majority vote. His thoughts are that the court is “overreaching” and fears that the decision made by non-political and non-accountable judges might strain the control of the nations on foreign policies. (Greenhouse, L., 2008) The role of the President as commander in chief is to put in force “laws passed by the Congress”. (Levin-Waldman, O.M., 2012, p.48) He also can do whatever he feels is needed to “protect and defend the Constitution”. (Levin-Waldman, O.M., 2012, p.48) However, for most parts he must pass things by Congress. Congress is the authority when it comes to things such as suspending habeas corpus. If the Constitution is not protected by the previous then hopefully the Supreme Court will hold the President or Congress accountable like in Boumediene versus…show more content…
One have to surmise that people work their entire lives to amass riches to achieve an advantage in the world; even if it means special treatment in regard to unequal justice. Even though Betty v. Bradley deprived lawful representation to accusers charged with a crime; however, unable financially to secure representation in 1942, the Supreme Court ruled that the right of legal representation, and the sixth amendment obligated states to provide legal counsel nonetheless (Levin-Waldman, 2012). The writ of habeas corpus provides everyone the right to judge, jury, and trial. This law protects citizens from tyranny, unlawful arrest, and imprisonment without legal representation. The writ of habeas corpus presently address, or intervene between several procedures, (e.g., post convictions, prisoners not charged with a crime, prisoners awaiting trial, death row inmates, and prisoners serving long sentences than usual. The idea of habeas corpus will materialize often when discussing matters of civil liberties and the Constitution, and obviously people in general believe totally in this fundamental

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