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American Government

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Is the Use of the Habeas Corpus Helping or Hurting the War on Terror
Brandy Hudson
POL201: American National Government
Instructor: Spencer Walsh
08/04/2014

Habeas Corpus originated in English common law as a means to protect individuals from illegal detention. Modern day, habeas corpus is mainly used as a solution prior to conviction for state and federal prisoners who challenge the legality of the application of federal laws that were used in judicial proceedings that resulted in the detainment of the individual ( Kavarsky,2014). This essay will examine the evolution of habeas corpus in the United States, how it affects civil liberties, and its effects on the war on terror. The most famous habeas corpus case was that of slave Dred Scott, who attempted to sue for his freedom. Earlier another slave by the name of James Somersett ran away from his master while in England. He was later captured but supporters obtained a writ of habeas corpus that required his captors to produce Sommersett in court where he sued for his freedom. Almost a century later, Dred Scott petitioned the U.S Federal Courts for a writ of habeas corpus. It was granted and later upheld in a court of appeals in 1857, in one of the most controversial cases in American history. The Supreme Court ruled Scott Seven to Two. The court found that no slave or descendent of a slave could be an American citizen, and so Scott was not considered a “person” within the purview of the constitution. Therefore he did not possess the rights of habeas corpus (McElroy.2009). Habeas Corpus or translated as “you should have the body” first appeared in the Magna Carta of 1215 and is the oldest human right in the history of English-Speaking civilization. The doctrine of habeas corpus stems from the requirement that a government must either charge a person or set them free. While in office President

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