Habeas Corpus: The Past, the Present, and the War on Terror zapiggy POL201 Instructor October 13, 2014 Habeas Corpus: The Past, the Present, and the War on Terror Habeas Corpus is a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention. Habeas Corpus is a right every citizen should have, especially during such turbulent times. This essay will discuss aspects of habeas corpus, especially in relation to its creation and how it evolved, as well as how it has changed in recent years. Habeas corpus will also be examined from the aspect of how it applies today during the United State’s War on Terror. To begin, Habeas corpus
Lincoln’s Abuse of the Presidential Power and why he suspended The Writ Habeas Corpus Joyce Dolford Pol 201: American National Government Instructor Teri Kuffel 11/24/2012 Lincoln’s Abuse of the Presidential Power and why he suspended the Writ Habeas Corpus Abraham Lincoln was the first 16th President of the United States serving from March 1861 until he was assassinated in April 1865. Abraham Lincoln led his country through it greatest Constitutional, Military and moral crisis. What is Habeas Corpus? Habeas Corpus is considered a cornerstone of due process of law. It means That a person cannot be detained unless they are brought in person before the court so that the court can determine whether or not the person is being lawfully held.
Habeas corpus is considered the “great writ of liberty” in both the English and American constitutional values. The writ allows individuals to challenge imprisonment as unlawful. There are many issues surrounding terrorism, civil liberties, and presidential power in regards to the ongoing debate about habeas corpus and the war on terror. Although civil rights should be protected and detainees should be dealt with on an individual basis by the Supreme Court, the President of the United States should have full authority to suspend the right of habeas corpus to those who are suspected of terrorism, especially during times that are declared as a “national emergency.” Derived from English common law, habeas corpus first appeared in the Magna Carta of 1215 and is considered the oldest human right in the history of English-speaking civilization. The doctrine of habeas corpus stems from the requirement that a government can either charge a person or must let him go free (Rutherford, 2013).
Nate Obringer What was the Monroe Doctrine? The Monroe Doctrine was the declaration by President James Monroe, in December 1823, that the United States would not tolerate a European nation colonizing an independent nation in North or South America. Any such intervention in the western hemisphere would be considered a hostile act by the United States, though the United States would respect existing European colonies. What principles of foreign policy did this doctrine establish? The U.S. foreign-policy statement first enunciated by President James Monroe on Dec. 2, 1823, declaring the Western Hemisphere off-limits to European colonization.
The President signed the commissions as required by law and the Secretary of State at the time affixed the Presidential seal as required by law. James Madison as current Secretary of State refused to deliver these signed commissions to Marbury and the other nominees. Statement of the Rule: A law in conflict with the Constitution is void and it is the duty of the Court to determine if such a conflict exists. Holding: Marbury is not entitled to a writ of mandamus from the Supreme Court requiring Madison to deliver the justice of the peace commission. Reasoning: The section of the Judiciary Act of 1792 (passed by Congress) relied on by Marbury which granted the Supreme Court the right to issue writs of mandamus to government officials was unconstitutional and therefore is void and of no effect.
Procedural History: William Marbury and other justice of the peace nominees filed a suit to the Judiciary Act of 1792 directly with the Supreme Court of the United States seeking a writ of mandamus from the Court that would require Secretary of State James Madison to deliver their commissions as others signed by the President. Issue Presented: The legal issue is whether the Supreme Court is allowed to issue a writ of mandamus to Madison requiring him to deliver the Justice of peace commissions. Does Marbury have the right to his commission? Does the United States Supreme Courts have jurisdiction to issue writs of Mandamus, to public officials? Holding: Marbury isn’t required to a writ of mandamus because under congressional procedures it must be done within the term of the approved president.
Evolution of the American Revolution: Causation to Sovereignty The American Revolution is described as the political uprising of the thirteen British Colonies of North America against the British Empire during the last half of the eighteenth century. Officially, the conflict lasted from 1775, starting with the “shot heard round the world,” to 1783 when the British Government recognized the independence of the colonies as one sovereign nation. The Revolutionary War was preceded by politically, socially, and economically related ideals and events that altogether inspired the unification of the independent colonies and their separation from the British Empire. The key influences of the American Revolution include: the French and Indian War; the Navigation, Currency, Stamp Tax, Declaratory, Townsend Duties, Tea, and Intolerable Acts; as well as the political and religious ideals of the colonists. The revolutionary era for the American Colonies began around 1763 after the British removed the military threat of the French from North America during the French and Indian War, which resulted in substantial economic debt for the British Empire.
Between the settlement of Jamestown in 1607 and the French and Indian War the colonies have been isolated by the mother country due to the policy of salutary neglect in which the king argued that colonies should take care of their own affairs, as the British were busy fighting foreign wars. In 1763 the foreign wars ended in British victory, now the mother country has the time to focus on the colonies and restored its empire by taxing the colonies. Over 150 years of self - rule, yet loyal to the mother country, the English colonist will be imposed to follow laws and policies that violates the principles of their natural rights, and the principle of no taxation without representation The Proclamation Act of 1763 marked the beginning of the American Revolution as
As a measure to defend the actions of Congress, a list of specific grievances against the king was included in the document. The closing paragraph announced that the colonies would be free and independent states, and that the United States would operate as a sovereign nation. The Continental Congress formally adopted the Declaration of Independence on July 4th, 1776. John Adams suggested the date be commemorated every year as “the day of deliverance by solemn acts of devotion to God Almighty...” The signers of the Declaration were keenly aware that they might be signing their own death warrant. On September 17th, 1787, the final draft of the Constitution of the
His thesis throughout the book: “Is burning the American flag as an act of protest protected by the First Amendment’s Freedom of Speech.” Goldstein takes us from the 1989 incident that ignited the national controversy back to the origins of the flag as a symbol of America’s liberty and democracy. He explains the history of the American flag’s debate on desecration. Before 1984, the government had passed laws preventing desecration of the flag, but now Supreme Court protects burning the flag by the First Amendment. The author of this incredible work is a professor of political science at Oakland University in Rochester, Michigan. He has also taught at San Diego State University.