Habeas Corpus: The War On Terror

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Ernest Hemingway once said, “Never think that war, no matter how necessary, nor how justified, is not a crime.” This is a very profound statement, especially as our nation is still in the midst of a self-proclaimed “War on Terror”. What happened to our country and all of the innocent victims, on 9/11 was virtually unimaginable. However, this attack on our own soil has prompted many actions from our government that might be considered to be an affront to both our constitution as well as our judicial processes. Prisoners of war and even persons suspected of being involved with a terroristic group can be legally detained and held, for as long as we want, simply because we are in a “war”. If we are violating our own constitutional guidelines…show more content…
In this paper I will discuss the history of Habeas Corpus, analyze its relevance, explain the Supreme Court’s interpretation (i.e. Boumediene V. Bush), as well as evaluate different perspectives. The Right of Habeas Corpus is derived from the Latin meaning “you have the body”. The meaning according to the U.S. Constitution is that there is a judicial mandate stating that a prisoner must be brought before a judge so that they can determine if we have a right to continue holding them. Habeas Corpus can only be suspended during times of rebellion and if there is an invasion of public safety. Examples of these times is during the Civil War and the war on terror against the KKK. The violating of this right has not been the most severe of the civil liberties granted to not only Americans but many other countries. The biggest violation of this right was when the Busch administration held hundreds of suspected terrorist from the Afghan and Iraqi terror attacks of 9/11. The first real act of Habeas Corpus comes from the passage of the Habeas Corpus Act of 1867 through…show more content…
military forces on alert and to authorize military force. In my opinion the role as the President of the United States and Commander and Chief is to protect the citizens of the country. There have been many times in the past that our President may have stepped out of line when it comes to certain rights or laws and they may have went around or bent them a little. I personally think It may not have been the best way to have gone about it but I know in times of panic rash decisions can be made. I also know that we need to eventually stop and think about what it is we are doing we need to hold ourselves to the standards we present and not just be all talk either. The Congress as far as I can see does not have the specific right to suspend the habeas corpus nor does the President. During extreme times and difficult times this does however happen and I would say that based on everything I have read the Supreme Court would go to the Congress and ask that they rule on this. When it came to the detainees during the 9/11 situation the decision was based on the fact they were not US citizens and they were not in the United States. The role of the Supreme Court in protecting civil

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