Civil Liberties Essay

1076 WordsApr 8, 20145 Pages
Civil Liberties, Habeas Corpus, and the War on Terror POL 201 American National Government "Habeas corpus" is a Latin phrase meaning "you have the body." It's an ancient concept. In old English law, it was used to refer to a judge's order (or "writ") to bring a prisoner before a court to determine whether his imprisonment was unlawful. “Primer: Guantanamo Detainees’ Rights”. In a highly unusual reversal, the Supreme Court has agreed to review whether detainees at Guantanamo Bay, Cuba, can challenge their confinement in federal court by filing what is known as a writ of habeas corpus. The Habeas Corpus Act, (1863), entitled An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases, was an Act of Congress that authorized the President of the United States to suspend the privilege of the writ of habeas corpus in response to the United States Civil War and provided for the release of political prisoners. The bill was introduced on December 5 1862, releasing the president and his subordinates from any liability for having suspended habeas corpus without congressional approval. While studying Foley, he explains that “War on Terrorism” claim that it gives the Executive needed flexibility for incapacitating potentially dangerous terrorists and interrogating them with harsh methods to uncover plans for terrorist attacks. Rigging the rules to make it easier for tribunals at Guantanamo to conclude that people are terrorists paradoxically makes it harder to investigate terrorism and capture terrorists. That is, rigging the rules in favor of the hunters actually helps the hunted avoid capture. He shows how these rigged rules are dangerous because they negatively impact the accuracy of terrorism investigations. As U.S. courts grapple with the right of Guantanamo detainees to seek release

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