Sunday, May 12, 2019
Civil Liberties, Habeas Corpus, and the War on Terror Research Paper
civilizedisedised Liberties, Habeas Corpus, and the War on Terror - Research Paper ExampleThe provision is based on precedent U.S. President Abraham capital of Nebraskas jailing suspected Confederate sympathizers without relief during the U.S. Civil War, suspending the Writ of Habeas Corpus. President Lincoln issued the Habeas Corpus suspension to keep the spies, enemies, aiders, abettors, and deserters during the Civil War (Lincoln, 1989, p. 511). In the case of Rasul v. Bush, 542 U.S. 466 (2005), the Supreme royal court govern that foreign nationals being held as enemy combatants in the war on terror had the right to altercate their incarceration at Guantanamo Bay. Similarly, the Supreme Court decided in the Boumediene v. Bush (2008) case that the Detainee intercession Act of 2005 did not implement any alternative to the habeas corpus provision of the U.S. Constitution (Vile, 2010, p. 48). Further, U.S. Criminal integritys cause and prejudice rule reiterates the doctrine tha t the prisoners can petition, through a representative or by himself, the courts for a federal writ of habeas corpus on the ground that the prisoners constitutional rights were overlooked or abused, prejudicing the prisoner(Garner, 2009, p. 279). Habeas corpus is related to the protection of the other civil liberties. Blacks law mental lexicon defines civil liberty as Freedom from undue authorities interference or restraint. The civil liberties include license of speech, freedom of the press, freedom of religion, freedom of association, and other liberties mentioned in the U.S. Constitutions Bill of Rights section. Further, the prior U.S. civil liberties were provided by the 1648 Lawes and Libertyes of Massachusetts. Likewise, the civil liberties were enshrined in the 1791 Bill of Rights provisions. In addition, the civil liberties were included in Englands 1216 Magna Carta Law. The Civil liberties were also forceful in Englands 1628 the Petition of Rights and the 1689 Bill of Ri ghts Law. Just like the civil liberties, the affected persons and groups are granted the right to ask the courts to produce the body of the detained prisoners, including those incarcerated in Guantanamo Bay (Garner 2009, p.308). Further, Blacks law dictionary states that the U.S. Bill of Rights is based Habeas Corpus Act 31 Car. 2, 1679 (Garner 2009, 217). Question 2.During the 18th Century, England assigned governors to oversee the statehood of each coupled States historic colonies. Englands policy of promoting the colonies into states was incorporated in the Article 5 of the 1787 Ordinance. The State Constitutions Article 2s civil liberties sections included a habeas corpus provision protecting the citizens from government abuses (Keene, 2004, p.74). Further, the United States President authorized the suspension of the Write of Habeas Corpus in 1863, 1866, and 1857. The United States Congress sanctioned the United States presidents suspension during the same time periods. Howeve r, there was no general wreak that would suspend the Writ indicated in the Revised Statutes. During the 17th Century, Britain allowed its English subjects the right to Habeas Corpus. Only Englands Court of the Kings Bench had the power to execute a Writ of Habeas Corpus, not the court judge. The courts use the Habeas Corpus Act of Charles II and revised the defects found in Englands 1869 Bill of Rights (Stimson, 2004, p.166). In basis of history, the September 11, 2001 twin towers attack can be classified as an
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