...Civil Liberties, Habeas Corpus, and the War on Terror POL 201: American National Civil Liberties, Habeas Corpus, and the War on Terror Habeas Corpus is a term unlikely known to many detainees in Guantanamo Bay. The war on terror has gone from protecting our country from terrorist, to slowly but surely doing onto these detainees what other tyrants were doing before us. Habeas Corpus is a law that was placed in the constitution in order for guarantee that no one would be held prisoner without a trial. According to the constitution the writ to Habeas Corpus is implemented to prevent tyranny and false imprisonments. In the length that our nation has been around there has only been three instances in which the habeas corpus writ was suspended. The first was after the civil war (during the reconstruction) and most recently during the War on Terror. The War on Terror has brought the Habeas Corpus writ into different perspective when it was approved that the writ be suspended for prisoners in Guantanamo Bay (GITMO). The Bush administration went under severe scrutiny after choosing GITMO as a detention center for “enemy combatants/illegal combatants” and suspending the Habeas Corpus writ to them. There had been no legal aid provided so that the detainees could attempt to prove innocence. In the over zealous need to prevent further terrorist attacks in a way we condoned terrorist like ideals. In 2008, the verdict in Boumediene v. Bush the Supreme Court ruled against the Bush administration...
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...Habeas Corpus and the War on Terrorism By Robert Hawkins POL201: American National Government Instructor: Russel Riggs March 18, 2013 The Term “Habeas Corpus” comes from the Latin term meaning "have the body". Habeas Corpus is considered to be one of the most fundamental guarantees of personal liberty. Its roots come from England and are found all throughout our history, such as the Civil War and currently the War on terrorism. The Writ of Habeas Corpus specifically refers to the right to challenge one's detention. It is also the state's ability to force someone to appear in court. By allowing an independent judge to review the basis of a person’s detention and order the detainee’s release if the grounds are unlawful, habeas corpus serves as a bulwark against arbitrary arrest, torture, and extrajudicial killings. This right, whose evolution was largely driven by historic struggles to impose limits on the power of the monarch, is today widely protected in domestic and international law. It was common in England, in the period of the conflict between Protestants and Catholics, to be held indefinitely in the Tower of London without trial. Political prisoners disappeared because they had not broken the law, but have opposed the crown's policies. When the term first came into widespread use in medieval England, a "writ of habeas corpus" was simply a subpoena. A king or local official could impose a "writ of habeas corpus" to force someone to appear and testify...
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...Luis Garcia Dr. Martin English 1301 24 October2013 Enemy Combatant or Terrorist?: A Designation Makeover This current “War on Terror” is not a familiar feat for the United States of America. For the past 12 years The U.S has had to constantly adapt and develop new operating procedures. The difficulty of this war derives from it not being a conventional war. We are fighting an enemy (Al Qaeda, Taliban, etc.) that has taken guerilla warfare to a whole new level. This enemy has gone from crashing planes into the Twin Towers to placing I.E.D’s (improvised explosive devices) in the streets of Baghdad without any regard to the welfare of its own civilians. There is no doubt this is a complicated war, so complicated that our nation has even struggled with the finer designation of those we are combating. “Enemy combatants” and “Terrorists” are classes we are battling with every day yet still struggling to justly categorize them in legal terms. The vagueness on the definition of “Enemy Combatant” and “Terrorist” has led to voids and abuse of these terms. This in turn has produced an inconsistency on combat operations and legal categorizations. It is often said old men declare wars and young men fight them. This is even more the case in our present conflict with there being over ten significant court cases that have shaped our rules of engagement in fighting on the battlefield (Garrison 449). It can be strongly argued that the fights in the court room are becoming as important as...
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...The War on One’s Individual Liberty and Freedoms Nadira R. Brown POL 201 Professor Dovie Dawson April 15, 2013 The War on One’s Individual Liberty and Freedoms Have you ever felt like a piece of cheese on a mouse trap just waiting for that mouse to come by and eat you; maybe even a fly stuck in a spider’s web hoping that you can get away? Well I am sure if I had been one of those people in the mist of the chaos on September 11, 2001 that had changed the life of all Americans’ across the country. I would have felt no bigger than that piece of cheese or that fly caught in the web. We were victims of a horrific terrorist attack that shook the very core of our foundation as a country. Twelve years later we are still recovering from this horrendous act. We have been fighting the war on terror for ten years. This is one of the longest wars that the United States has ever fought. While the war rages on the boundaries between national security and civil liberties are blurred. “The big threat to America is the way we react to terrorism by throwing away what everybody values about our country—a commitment to human rights” (Kennedy, 2007). Individual liberties and freedoms are important since without them one can be held indefinitely. Habeas corpus does not infringe upon a person’s civil liberties. In addition, habeas corpus allows an individual to question why they are being detained and ensures that detainees have a right to a fair trial; it is considered to be one of the foundations...
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...to the numbers in the first column. Not all terms will be used. Definitions Terms 1. H Engaging in sexual activities for something of value A. Disorderly conduct B. Breach of peace C. Loitering D. Treason E. Perjury F. Contempt G. Obscenity H. Prostitution I. Exploitation J. Illegal entry into the US K. Terrorism L. Sedition M. Delirium tremens N. USA Patriot Act O. Unlawful assembly P. Confiscation Q. Habeas corpus 2. A Specific, purposeful, and unlawful behavior that causes public inconvenience, annoyance, or alarm 3. D An overt act that is an attempt to overthrow the government 4. F Deliberate conduct calculated to obstruct or embarrass a court of law or a judicial officer 5. J Defendant is not a U.S. citizen and is found in or enters the United States 6. B A public offense done by violence, or a disturbance of public order or tranquility 7. L A communication or agreement intended to defame the government or to incite treason 8. O A gathering of three or more people for the purpose of committing an unlawful act or a lawful act in a violent, boisterous, or tumultuous manner 9. C The act of delaying, lingering, or idling about without a lawful reason for being present 10. Q A writ used by prisoners to challenge the nature and length of their confinement 11. G Offensive photos, movies, or other works that are often sexual in content that are judge immoral by community standards...
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...The Jurisdiction of Rights Allotted to Prisoner of War Shane Smith Abstract The jurisdiction and control of prisoners of war have historically been left solely to the military forces that held them captive; the application of rights and treatment being guided and controlled by various treaties and conventions signed by governments. This straightforward, conventional process was, and is, undisputable and logical in its application when it is applied in a conventional ‘civilized’ war; there is room for improvement, but it works. On the contrary, when fighting an unconventional war, with non-state sponsored combatants, the policies need to be reassessed. The Jurisdiction of Rights Allotted to Prisoner of War Our history shows a pattern of war making that is clearly defined, easy to follow, and reasonably undisputable: declaration of war, combat, surrender, treaties and or rebuilding. During the combat phase enemy combatant prisoners are taken, either by force or surrender, and both sides can agree that this is a better alternative to killing. With the exception of prisoner exchanges, these prisoners are held until the conflict is completed. At that time the general prisoners are released and those accused of war crimes are tried. Note that this is not policy, just a general pattern, but it works for a conventional war, a war where the losing side surrenders and both sides announce a cease fire. The problems arise when fighting an unconventional war, such as...
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...Habeas Corpus: An Ancient Law Evolved POL 201: American National Government Habeas Corpus: An Ancient Law Evolved Habeas Corpus is a law that ensures that a person who is arrested or restrained is brought before a judge or court. Should there be a lack of evidence the prisoner will be released. Habeas Corpus can be sought by a prisoner or by the prisoner’s representation. Habeas Corpus has been said to be “the ultimate lawful and peaceable remedy for adjudicating the providence of liberty’s restraint.” (habeascorpus.net) Considering the fact that numerous people have suspended Habeas Corpus or have suspended it for certain individuals, is it still the “ultimate and peaceable remedy” that it used to be? Evolution of Habeas Corpus Habeas Corpus is an ancient common law which originates in England. The precise origin of Habeas Corpus in uncertain but it does appear to be mostly from an Anglo-Saxon origin. Habeas Corpus does date back to before the Magna Carta. (habeascorpus.net) The principle effect of Habeas Corpus was ultimately achieved in the Middle Ages. This was does by employing the use multiple writs. The sum of the writs essentially gave the same effect as the modern day Habeas Corpus. (habeascorpus.net) The Writ of Habeas Corpus was established to create a check of power for the state. It also preserved the rights of individuals from the arbitrary powers of the King, his Court, and his Counsel. (habeascorpus.net) Parliament enacted Habeas Corpus in 1679, codifying...
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...“The government may not deprive citizens of “life, liberty, or property without due process of the law” (N.A, 2010). When interpreted this means the government has laws to follow before a person can be determined innocent or guilty if either aren’t proven the detainee must be let free. This paper is going to attempt to analyze the historical evolution of Habeas Corpus; give examples from history of the suspension of Habeas Corpus, as well as analyzing it relevance. Habeas Corpus derived from English common law and first appeared in the Magna Carta of 1215 and is the oldest human right in history. Habeas Corpus translated means “you should have the body” habeas corpus is a legal action, or writ, by which those imprisoned unlawfully can seek relief from their imprisonment” (N.A, Habeas Corpus-The Rutherford Institute, 2015). Habeas Corpus was extremely important to the Framers of the Constitution from their personal experiences. When one was capture they were considered either an enemy combatant, imprisoned indefinitely and denied the opportunity to have a fair trial. It became increasing to the founders to protect the American people from such atrocities. March 4, 1801 President Jefferson in his first inaugural addressed the necessity of habeas corpus. President Jefferson belief was found the “freedom of person under the protection of the Habeas Corpus; and trial by juries impartially selected” (N.A, Habeas Corpus-The Rutherford Institute, 2015). There have been only two...
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...constitutional standards and civilized means of interrogation? To answer these questions and others let us look at our history as well as review how our courts have viewed cases and situations that have arisen from actual war and the war on terrorism. Looking at the history of the United States it can be seen that the framers of the Constitution took civil liberties and civil rights into consideration when writing the Constitution and the Bill of Rights. Article I Section 9 of the Constitution states “The Privilege of the Writ of Habeas Corpus shall not suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” This writ is issued to determine if a person has been afforded due process of the law and to prevent unlawful imprisonment. It literally means “you should have the body.” (Unknown, 2013). The writ has been mentioned as early as the fourteenth century in England. The English people lived with the knowledge that they could be arrested and imprisoned by the king until they rebelled and insisted on fair and just treatment. After the colonies won their independence from England and settled their internal differences they set about establishing their own rules and regulations. Knowing the importance of fair treatment they incorporated not only section 9 of Article I of the...
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...ABOUT THE BRENNAN CENTER FOR JUSTICE The Brennan Center for Justice at New York University School of Law is a non-partisan public policy and law institute that focuses on fundamental issues of democracy and justice. Our work ranges from voting rights to redistricting reform, from access to the courts to presidential power in the fight against terrorism. A singular institution – part think tank, part public interest law firm, part advocacy group – the Brennan Center combines scholarship, legislative and legal advocacy, and communications to win meaningful, measurable change in the public sector. ABOUT THE BRENNAN CENTER’S LIBERTY AND NATIONAL SECURITY PROJECT The Brennan Center initiated its Liberty and National Security project two years ago to foster better public understanding of the importance of accountability, transparency, and checks-and-balances in the formulation and implementation of national security policy. We have since been at the forefront of advocating for sound, rights-respecting policy prescriptions based on broad public participation and informed discussion. Our staff engages in a spectrum of public education, legislative advocacy, litigation and scholarly activity. ABOUT THE AUTHOR Jonathan Hafetz is Litigation Director of the Liberty and National Security Project at the Brennan Center. He is actively involved in post-9/11 litigation involving detainee rights and other national security issues, and is lead counsel in several leading detention...
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...these enemy forces has brought about a large debate among, mostly, the Executive branch and the Supreme Court. At the center of the debate is the rights of the enemy detainees. The Supreme Court argues that because their detention is at a location that is under the complete control of the United States, their rights are blanketed under the Suspension Clause of the Constitution and as such, they should be granted the right to seek Habeas Corpus. The Executives maintain that unlawful enemy combatants have no rights under the Constitution of the United States and that the President retains full control over their detention. This paper will look at the English and American background of Habeas Corpus and how it plays into the landscape of war today. I will also briefly look at past suspensions of the writ, as well as the perspectives of the Executive, Legislative, and Judicial branches and how the writ applies to alien enemy combatants. I will also offer my own perspective on the same. Quite simply put, an unlawful enemy combatant caught fighting against the United States oversees and brought to a location that the U.S. does not have sovereignty over, should not be afforded the same rights as the citizens and alien residents of our great nation that they fight against. The ‘Great Writ’ of Habeas Corpus has its’ roots in English Common Law dating back as early as the 13th century. The literal meaning in Latin is “to have the body” which quite basically obliged that the jailor bring the...
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...a) Outline at least two definitions of the term miracle. Examine key reasons for believing in miracles. The term miracle is queried over constantly for the reason that there are various definitions all consisting of why we should believe miracles to be true. Two of which belong to Thomas Aquinas’ and Richard Swinburne. Each poses reasons for why one should believe in miracles and whether they do really and truly exist. Firstly Aquinas posits his suggestion that miracles are ‘Those things…which are done by divine power apart from the order generally followed in things’. He sets out his definition with three main aspects; starting with the idea that events are done by God which nature could never have the capability of doing. One example used to support this is that it’s logically impossible to stop the Sun yet God with his divine power can. Therefore if this is broken and an act goes against it, it is thus a miracle. The second proposition is that things that are done by God which nature can do but not in that order also qualify as being a miracle. The final idea that Aquinas puts forward is that the events done by God that nature can do but God does without the use of natural laws also are deemed to be miracles. The significant thing about Aquinas’s definition of a miracle is that he allowed for the possibility of miracles to occur within the system of natural activity. Moreover he allowed for the possibility that God’s activity with the natural realm may be part of...
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...Albert Rosales Professor: Gill Intro Philosophy: 213 In writing this paper, I was apprehensive by the immensity of the task that was required of me, having never studied Philosophy and philosophers before this class and not having a good understanding of it. I could not begin to comprehend Metaphysics, Ethics Epistemology etc. if it was not for this course. This may sound ignorant but I had never really given any thought to my worldview. If asked what I believed about something I would give my belief and that was that. What exactly is a worldview? A worldview is what it sounds like. It is the way one may see the world or as Nash puts it in his book Life’s Ultimate Questions “the sum total of a person’s answers to the most important questions in life(392).” Everyone has a worldview whether we realize it or not. How does one get their worldview? Our education, our upbringing, the culture we live in, the books we read, the media and movies we watch, all can help shape our worldview. Nash says, “Worldviews contain at least five clusters of beliefs, namely, beliefs about God, metaphysics (ultimate reality), epistemology (knowledge), ethics and human nature (14).” Using these five sections I will share my worldview. In general my worldview is a Christian one. I believe that there is one God who exists in three forms who created the Heavens and the earth. In the Bible Genesis 1:1 tells of how God is the beginning of everything; he created the heavens and the earth out of nothing...
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...Abstract It has been argued that touch, far from being a curious datum of human existence, is so essential to human development and helpful to maintaining adult psychological and physical health that it can be considered a right. This argument’s corollary is that, given that we cannot touch without being touched, appropriate touch normally is and should be a source of pleasure to both giver and receiver. The proposed paper will respond to these theses with a caution: contemporary literature on child sexual abuse points out that abusers of children also, and especially, profess to embrace these beliefs. Neither a simple boundary distinction (do not touch particular persons in particular places) nor a test for intent (do not intend to harm or violate) adequately responds to the challenge posed by this fact. Thus it will argue that an adequate Christian ethic of touch depends on the possibility of developing powerful psychological and theological distinctions between nurturing and violating touch. The psychological prong of this argument will draw upon extensive contemporary research on child sexual abuse to argue that abusers either pursue an imagined egalitarian mutual love with their victims or use abuse to gain a sense of empowerment over them. In theological terms the root problems are a mis-labeling of the object of love (the good the lover desires); of the object’s true needs (the gift the lover offers); and of the union with the beloved (the character of mutual delight)...
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...BACKGROUND St. Thomas Aquinas was philosopher and theologian. Hewas born circa 1225 in Roccasecca, Italy. He is the son of Landulph, count of Aquino and his mother, Theodora, countess of Teano. Thomas had eight siblings, and was the youngest child. Though Thomas's family members were descendants of Emperors Frederick I and Henry VI, they were considered to be of lower nobility. Combining the theological principles of faith with the philosophical principles of reason, he ranked among the most influential thinkers of medieval Scholasticism. An authority of the Roman Catholic Church and a prolific writer. In January 1274, St. Thomas Aquinas embarked on a trip to Lyon, France, on foot to serve on the Second Council, but never made it there. Along the way, he fell ill at the Cistercian monastery of Fossanova, Italy. The monks wanted St. Thomas Aquinas to stay at the castle, but, sensing that his death was near, Thomas preferred to remain at the monastery, saying, "If the Lord wishes to take me away, it is better that I be found in a religious house than in the dwelling of a layperson." On his deathbed, St. Thomas Aquinas uttered his last words to the Cistercian monks who had so graciously attended him: "This is my rest forever and ever: Here will I dwell for I have chosen it." (Psalm 131:14) Often called "The Universal Teacher," St. Thomas Aquinas died at the monastery of Fossanova on March 7, 1274. He canonized by Pope John XXII in 1323. Source: http://www.biography.com/people/st-thomas-aquinas-9187231#early-life& ...
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