Homework Question on Habeas Corpus
- Write an essay about the right of habeas corpus in the context of the war on terror. Your essay should address the following subtopics:
- Explain the historical evolution of habeas corpus, including its English and American traditions. The explanation of its evolution within the American tradition should include the general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties.
- Provide examples from U.S. history of the suspension of habeas corpus and their applicability to the present.
- Analyze the relevance of habeas corpus to the contemporary U.S. situation during the war on terror, especially with respect to persons characterized by as enemy combatants or illegal combatants.
- Explain the U.S. Supreme Court’s interpretation of the right of habeas corpus with respect to enemy combatants or illegal combatants (i.e., the views of the five justices making up the majority in Boumediene v. Bush as well as the views of the four dissenting justices).
- Evaluate a minimum of four perspectives on this topic expressed by justices of the Supreme Court, leaders in other branches of government, and commentators in both the academic and popular media. Your evaluation should consider perspectives on the following topics as they relate to habeas corpus: a.The role of the President as Commander-in-Chief. b.The role of Congress in determining when habeas corpus can be suspended. c.The role of the Supreme Court in protecting civil liberties, including the judicial philosophy which should guide the Court in this role, and d.In your evaluation, you should also include your personal philosophy, values, or ideology about the balance between civil liberties and national security in the context of an unending war on terror.
Homework Answer on Habeas Corpus
The American society, the writ of Habeas Corpus serves to safeguard people from excesses of state that is considered unlawful. The American history is rich and is characterized by respect on individual civil liberties. Habeas corpus has therefore always protected detainees of the state. Citizens can seek to be produced before a court of law and be guaranteed short term freedoms pending determination of cases. The citizens also have had inherent rights to question their detention.
The right to habeas corpus is not only available to the United States citizens, in the contrary it is an inherent right and is therefore available to citizens, non-citizen sand any other detainee of the government (Gregory 2013).The writ of habeas corpus is in fact a provision of the constitution. This shows how important this writ is.Habeas corpus was a writ borrowed from the common law tradition and is therefore the only remedy enshrined in the American constitution. Habeas corpus: its relevance to the American state and protection of civil liberties.
History of Habeas Corpus
Any law should be fair and humane, the writ of habeas corpus, which is in Latin, is a remedy to the prisoners who have been illegally detained and want to seek fairness and subsequent production in a court of law. This writ was established to safeguard against illegal detention and to guarantee subsequent production of a detainee before a court of law. The request is therefore made to the prosecutor or the police department.