Premium Essay

Habeas Corpus, Civil Liberties, and the War on Terror: a Walk Through History

In: Historical Events

Submitted By kebrod1227
Words 4427
Pages 18
A Writ of Habeas Corpus as outlined in our book is that of a legal act that calls for an individual under seizure to be brought in front of a court of law for an inquiry to essentially decide if they are guilty or not of the suspected crime (Levin-Waldman, 2012). The Writ of Habeas Corpus explicitly brings up the right to contest one's arrest and imprisonment. It is also a way for the government to force an individual to come before the courts. By permitting an independent judge to analysis the legitimacy of the individual’s confinement and instruct that the detainee be freed if the circumstances are unlawful, habeas corpus functions as a safeguard against unlawful seizure, arrest, and torture. While habeas corpus has been upheld as a fundamental right of the imprisoned, this safeguard has been obstructed throughout our history, making the habeas corpus right, at times, a subject of our desire for refuge during times of emergency. The beginnings of habeas corpus can be traced to the year 1215 in the 39th article of the Magna Carta signed by King John, which says that: "No man may be restrained or confined except by the lawful declaration of his peers or by the decree of the land" (Rohde, S 2010). At first, habeas corpus was a resource used to summons an individual before the courts. However, by the turn of the 14th Century, higher courts were using the Writ of Habeas Corpus as a way of examining the surroundings of an individual’s confinement by the lower courts (Farrell, B 2009). By the end of the 16th Century, the courts were using habeas corpus as a way to make inquiries into the imprisonments of individuals ordered by the King’s Council. (Duker, W 1980) During the course of the 17th Century, Parliament looked for a way to reinforce habeas corpus and bring the King’s actions inside of its parameter, resulting in the Habeas Corpus Act of 1679 (British History,...

Similar Documents

Premium Essay

Habeas Corpus

...Habeas Corpus And it’s Impact on Civil Liberties and Terrorism. Alson Watson Professor: Scot Wilson Politics 201 November 4, 2012 Introduction In times of national crisis civil liberties are sometimes abridged in exchange for greater security. The Framers, countenancing such an eventuality, granted to Congress the power to suspend the right to a writ of habeas corpus in times of rebellion or invasion. The war on terror has created many a rift in political, judicial and civil rights circles thus creating unique circumstances in regard to dealing with individuals detained due to acts of terrorism. The Habeas Corpus Act ensures that due process is given to those who believe they are innocent of charges set upon them. However those rights to habeas corpus are forfeited when they are found to be guilty of acts against the U.S and its territories and in so doing are not subject to the trials held in a civilian court whether they are citizens or not. In this paper I look to examine the meaning of habeas corpus, its placement in the constitution and its impact on modern society’s laws, civil liberties and political/judicial stances. What is Habeas Corpus? HABEAS CORPUS is a term that was originated in the English legal system and is an important legal instrument in safeguarding individual freedom against arbitrary state action. The writ (legal action) is issued in form of an order calling upon a person by whom another person is detained to bring that person......

Words: 2439 - Pages: 10

Premium Essay

Contemplating Realities and Paradoxes in the Global War on Terror

...Contemplating Realities and Paradoxes in the Global War on Terror John B. Alexander, Ph.D. Introduction The approach of this monograph is to examine paradoxes encountered in the Global War on Terror (GWOT). The intent is to spark debate on disputatious issues. Clearly, many of the existing situations appear intractable given the emotional investment that has been made by the public, and exacerbated by political manipulation of elected officials. Also unavoidable are the fiscal constraints that are becoming increasingly binding. Examined in Section One are problematic premises related to the four fundamental approaches to countering terrorism; increased security, eliminating the terrorists, attacking the support infrastructure, and altering conditions that breed discontent. Despite trite, albeit politically popular, commentary proposing those methods, execution of those concepts is extremely difficult, often controversial, and sometimes counterproductive. Section Two of this monograph addresses several other policy decisions that generate problems that are difficult to resolve, but directly impact the forces involved. Among those topics are; roles of contractors, individual loyalties versus national interests, alliances of convenience, foreign response to our policy on preemption of weapons of mass destruction (WMDs), the consequences of our stated objective of spreading democracy, the impact of U.S. presence in the Gulf region, and quandary associated with......

Words: 28095 - Pages: 113

Free Essay

Politics

...discuss the big issues of the day. The Prime Minister chairs the meeting, selects its members and also recommends their appointment as ministers to the monarch. The present Cabinet has 23 members (21 MPs and two peers). The secretary of the Cabinet is responsible for preparing records of its discussions and decisions”. (Source: From a modern textbook) (a) What criticism is David Cameron making of Tony Blair’s style of decision making in source 1? [5] (b) Explain the main functions of the cabinet [10] (c) To what extent have UK Prime Ministers become “presidential”? [25] Or 2 QUESTION TWO THE JUDICIARY A powerful coalition of judges, senior lawyers and politicians has warned that the Government is undermining the civil liberties citizens...

Words: 68254 - Pages: 274

Premium Essay

Julius Ceasar

...OUTLINE OF U.S. HISTORY OUTLINE OF OUTLINE OF U.S. HISTORY C O N T E N T S CHAPTER 1 Early America . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 CHAPTER 2 The Colonial Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 CHAPTER 3 The Road to Independence . . . . . . . . . . . . . . . . . . . . . . . . . . 50 CHAPTER 4 The Formation of a National Government . . . . . . . . . . . . 66 CHAPTER 5 Westward Expansion and Regional Differences . . . . . . . 110 CHAPTER 6 Sectional Conflict . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 CHAPTER 7 The Civil War and Reconstruction . . . . . . . . . . . . . . . . . . 140 CHAPTER 8 Growth and Transformation . . . . . . . . . . . . . . . . . . . . . . . 154 CHAPTER 9 Discontent and Reform . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 CHAPTER 10 War, Prosperity, and Depression . . . . . . . . . . . . . . . . . . . . 202 CHAPTER 11 The New Deal and World War I . . . . . . . . . . . . . . . . . . . . . 212 CHAPTER 12 Postwar America . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 CHAPTER 13 Decades of Change: 1960-1980 . . . . . . . . . . . . . . . . . . . . . 274 CHAPTER 14 The New Conservatism and a New World Order . . . . . . 304 CHAPTER 15 Bridge to the 21st Century . . . . . . . . . . . . . . . . . . . . . . . . . 320 PICTURE PROFILES Becoming a Nation . . . . . . . . . . . . . ....

Words: 104976 - Pages: 420

Free Essay

2004 Un Article Multiculturalism

...HUMAN DEVELOPMENT REPORT 2004 Cultural Liberty in Today’s Diverse World Accommodating people’s growing demands for their inclusion in society, for respect of their ethnicity, religion, and language, takes more than democracy and equitable growth. Also needed are multicultural policies that recognize differences, champion diversity and promote cultural freedoms, so that all people can choose to speak their language, practice their religion, and participate in shaping their culture— so that all people can choose to be who they are. 65 108 166 55 34 82 3 14 91 51 40 138 29 62 6 99 161 134 114 66 128 72 33 56 175 173 130 141 4 105 169 167 43 94 73 136 144 168 45 163 48 52 30 32 Albania Algeria Angola Antigua and Barbuda Argentina Armenia Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bhutan Bolivia Bosnia and Herzegovina Botswana Brazil Brunei Darussalam Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Cape Verde Central African Republic Chad Chile China Colombia Comoros Congo Congo, Dem. Rep. of the Costa Rica Côte d'Ivoire Croatia Cuba Cyprus Czech Republic 17 154 95 98 100 120 103 109 156 36 170 81 13 16 122 155 97 19 131 24 93 121 160 172 104 153 115 23 38 7 127 111 101 10 22 21 79 9 90 78 148 28 44 110 135 50 80 Denmark Djibouti Dominica Dominican Republic Ecuador Egypt El Salvador Equatorial Guinea Eritrea Estonia Ethiopia Fiji Finland France Gabon Gambia Georgia Germany Ghana Greece Grenada Guatemala Guinea...

Words: 113315 - Pages: 454

Free Essay

Rules for Redicals

...Books by Saul Alinsky John L. Lewis, An Unauthorized Biography Reveille for Radicals The Professional Radical (with Marian Sanders) Rules for Radicals RULES FOR RADICALS A Practical Primer for Realistic Radicals SAUL D. ALINSKY RANDOM HOUSE New York Acknowledgments This chapter "Of Means and Ends" was presented in the Auburn Lecture Series at Union Theological Seminary. Some of the other sections of this book were delivered in part in lectures before the Leaders of America series at the California Institute of Technology in Pasadena, California; Yale Political Union, New Haven, Connecticut, April, 1970; The Willis D. Wood Fellowship Lecture, Amherst College, Amherst, Massachusetts, May, 1969; American Society of Newspaper Editors, Washington, D.C., 1968; U.S. Chamber of Commerce, Washington, D.C.; March, 1968; A.F. of L.-C.I.O. Labor Press Association, Miami, Florida, December, 1967; American Whig-Cliosophic Society, Princeton University, Princeton, New Jersey, 1967; Centennial Address, Episcopal Theological Seminary, Cambridge, Massachusetts, 1968; Harvard Medical Conference, Cambridge, Massachusetts, 1969. 10 9 8 7 6 5 4 Copyright © 1971 by Saul D. Alinsky All rights reserved under International and Pan-American Copyright Conventions. Published in the United States by Random House, Inc., New York, and simultaneously in Canada by Random House of Canada Limited, Toronto. ISBN: 0-394-44341-1 Library of Congress Catalog Card Number:......

Words: 62916 - Pages: 252

Free Essay

Gov and Pol

...Edexcel AS Politics Edexcel AS Politics ExamBuster 2009 Introduction to Unit 1- People and Politics Understanding the Examination and Exam Technique Choosing your questions In this unit you are presented with four questions. They are of equal value and each question covers one of the four sections of the specification. These are: Democracy and political participation Party policies and ideas Elections Pressure groups There is no significance to the order in which questions appear. Each question is divided into three sections (a), (b) and (c). When choosing which questions to do, the following principles are recommended: It is almost certain that you will be better off choosing your strongest question to do first. You should choose questions on the basis of how well you can answer the section (c) part. The (c) part carries 25 of the 40 marks available for the whole answer. Do not choose a question simply because you can do part (a) especially well. The (a) question is only worth 5 marks. It would be illogical to choose your strongest (a) part if you cannot do well on section (c). If you cannot decide between several (c) parts, i.e. you can do more than one equally well, make your choice on the basis of part (b) which carries 10 marks. But remember, it is the (c) parts that will determine most what your overall mark will be. So, when you first look at the exam paper, look at the (c) sections first. Assessment Objectives Each question is divided into three sections,...

Words: 51996 - Pages: 208

Premium Essay

Bas Bhat

...CRIME, PROCEDURE AND EVIDENCE IN A COMPARATIVE AND INTERNATIONAL CONTEXT This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses......

Words: 195907 - Pages: 784

Premium Essay

Mister

...Contents Title Page Dedication Prologue CHAPTER ONE: Republicans and Democrats CHAPTER TWO: Values CHAPTER THREE: Our Constitution CHAPTER FOUR: Politics CHAPTER FIVE: Opportunity CHAPTER SIX: Faith CHAPTER SEVEN: Race CHAPTER EIGHT: The World Beyond Our Borders CHAPTER NINE: Family Epilogue Acknowledgments About the Author Also by Barack Obama Copyright Prologue IT’S BEEN ALMOST ten years since I first ran for political office. I was thirty-five at the time, four years out of law school, recently married, and generally impatient with life. A seat in the Illinois legislature had opened up, and several friends suggested that I run, thinking that my work as a civil rights lawyer, and contacts from my days as a community organizer, would make me a viable candidate. After discussing it with my wife, I entered the race and proceeded to do what every first-time candidate does: I talked to anyone who would listen. I went to block club meetings and church socials, beauty shops and barbershops. If two guys were standing on a corner, I would cross the street to hand them campaign literature. And everywhere I went, I’d get some version of the same two questions. “Where’d you get that funny name?” And then: “You seem like a nice enough guy. Why do you want to go into something dirty and nasty like politics?” I was familiar with the question, a variant on the questions asked of me years earlier, when I’d first arrived in Chicago to work in low-income neighborhoods. It signaled a......

Words: 120305 - Pages: 482

Free Essay

Dale Carneigi

...COMMERCE AND FINANCE; INSTRUCTOR IN PUBLIC SPEAKING, Y.M.C.A. SCHOOLS, NEW YORK, BROOKLYN, BALTIMORE, AND PHILADELPHIA, AND THE NEW YORK CITY CHAPTER, AMERICAN INSTITUTE OF BANKING THE WRITER'S LIBRARY EDITED BY J. BERG ESENWEIN THE HOME CORRESPONDENCE SCHOOL SPRINGFIELD, MASS. PUBLISHERS Copyright 1915 THE HOME CORRESPONDENCE SCHOOL ALL RIGHTS RESERVED TO F. ARTHUR METCALF FELLOW-WORKER AND FRIEND Table of Contents THINGS TO THINK OF FIRST--A FOREWORD * CHAPTER I--ACQUIRING CONFIDENCE BEFORE AN AUDIENCE * CHAPTER II--THE SIN OF MONOTONY DALE CARNAGEY * CHAPTER III--EFFICIENCY THROUGH EMPHASIS AND SUBORDINATION * CHAPTER IV--EFFICIENCY THROUGH CHANGE OF PITCH * CHAPTER V--EFFICIENCY THROUGH CHANGE OF PACE * CHAPTER VI--PAUSE AND POWER * CHAPTER VII--EFFICIENCY THROUGH INFLECTION * CHAPTER VIII--CONCENTRATION IN DELIVERY * CHAPTER IX--FORCE * CHAPTER X--FEELING AND ENTHUSIASM * CHAPTER XI--FLUENCY THROUGH PREPARATION * CHAPTER XII--THE VOICE * CHAPTER XIII--VOICE CHARM * CHAPTER XIV--DISTINCTNESS AND PRECISION OF UTTERANCE * CHAPTER XV--THE TRUTH ABOUT GESTURE * CHAPTER XVI--METHODS OF DELIVERY * CHAPTER XVII--THOUGHT AND RESERVE POWER * CHAPTER XVIII--SUBJECT AND PREPARATION * CHAPTER XIX--INFLUENCING BY...

Words: 162622 - Pages: 651

Free Essay

Bgcse History

...CORE CONTENT----BAHAMIAN-WEST INDIAN HISTORY References: Bahamian History Bk.I by Bain, G. Macmillan,1983 2.Caribbean story Bk. I and II By Claypole, W Longman (new edition) 1987 3. Development to Decolonization by Greenwood R, Macmillan, 1987 4.Caribbean people Bk.I by Lennox Honeychurch. Nelson, 1979 The Migration of the Indians to the New World. It is believed that the people who Columbus saw when he came to the New World were nomadic hunters from central and East Asia who followed the buffalo and deer. When the herds moved, people moved after them because they were dependent on the animals for food. It is therefore suspected that the herds led the people out of Asia by the north-east, across the Bering Strait and into North America. They crossed the sea by an ice –bridge when it was frozen over during the last Ice-Age. They did not know that they were crossing water from one continent to another. Map 1 Amerindians migration from central Asia into North America. The Amerindians settled throughout North America and were the ancestors of the many Red Indian tribes we know today, as well as the Eskimos in the far north. In general, they were nomadic but some followed settled agricultural pursuits and developed civilizations of their own like the Mayas in South America (check internet reference for profile on this group, focus on level of development, structure of society, religion). The migration continued south through Central America into South......

Words: 69958 - Pages: 280

Premium Essay

First Filipino

...THE FIRST FILIPINO Republie of the Philippines Department of Education & Culture NATIONAL HISTORICAL COMMISSION Manila FERDINAND E. MARCOS President Republic of the Philippines JUAN L. MANUEL Secretary of Education & Culture ESTEBAN A. DE OCAMPO Chairman DOMINGO ABELLA Member HORACIO DE LA COSTA, S. J. Member GODOFREDO L. ALCASID Ex-Oficio Member TEODORO A. AGONCILLO Member EMILIO AGUILAR CRUZ Member SERAFIN D. QUIASON Ex-Oficio Member FLORDELIZA K. MILITANTE Exccutive Director RAMON G. CONCEPCION Chief, Administrative Division BELEN V. FORTU Chief, Budget & Fiscal Division JOSE C. DAYRIT Chief, Research & Publications Division AVELINA M. CASTAÑEDA Chief, Special & Commemorative Events Division ROSAURO G. UNTIVERO Historical Researcher & Editor EULOGIO M. LEAÑO Chief Historical Writer-Translator & Publications Officer GENEROSO M. ILANO Auditor JOSE RIZAL (1861-1896) THE FIRST FILIPINO A Biography of José Rizal by LEÓN Ma. GUERRERO with an introduction by CARLOS QUI R INO ( Awarded First Prize in the Rizal Biography Contest held under the auspices of the José Rizal National Centennial Commission in 1961) NATIONAL HISTORICAL COMMISSION Manila 1974 First Printing 1963 Second Printing 1965 Third Printing 1969 Fourth Printing 1971 Fifth Printing 1974 This Book is dedicated by the Author to the other Filipinos Speak of me as I am; nothing extenuate, Nor set down aught in malice, Shakespeare: °the/Lo. Paint my picture truly like me, and not flatter me at all ;......

Words: 203166 - Pages: 813

Free Essay

Ggggg

...IMPORTANT This electronic version of The Century Vocabulary Builder (1922) has been prepared by Serenson Pty Ltd for www.write-better-english.com. This PDF follows the pagination of the original (hard copy) book and includes hypertext links that we have inserted, which look like this. Please do not remove links. Reformatting the original text into this PDF has been no easy task; it is possible that the process has introduced errors or caused omissions. As a result, we make no guarantee about the accuracy or completeness of this version of the Vocabulary Builder. If you find an error or omission in this PDF, please check the original book and contact us so that we can fix the error or omission. Please check your local copyright laws before accessing this PDF. If you are serious about building your vocabulary, we highly recommend you try the popular vocabularybuilding program called Ultimate Vocabulary Want the ultimate vocabulary builder? Click www.write-better-english com/ultimate-vocabulary.aspx THE CENTURY VOCABULARY BUILDER BY GARLAND GREEVER AND JOSEPH M. BACHELOR NEW YORK THE CENTURY CO. Want the ultimate vocabulary builder? Click www.write-better-english com/ultimate-vocabulary.aspx PREFACE You should know at the outset what this book does not attempt to do. It does not, save to the extent that its own special purpose requires, concern itself with the many and intricate problems of grammar, rhetoric, spelling, punctuation, and the like; or......

Words: 97231 - Pages: 389

Premium Essay

California an Interpretive History - Rawls, James

...CALIFORNIA CALIFORNIA An Interpretive History TENTH EDITION James J. Rawls Instructor of History Diablo Valley College Walton Bean Late Professor of History University of California, Berkeley TM TM CALIFORNIA: AN INTERPRETIVE HISTORY, TENTH EDITION Published by McGraw-Hill, a business unit of The McGraw-Hill Companies, Inc., 1221 Avenue of the Americas, New York, NY 10020. Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved. Previous editions © 2008, 2003, and 1998. No part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written consent of The McGraw-Hill Companies, Inc., including, but not limited to, in any network or other electronic storage or transmission, or broadcast for distance learning. Some ancillaries, including electronic and print components, may not be available to customers outside the United States. This book is printed on acid-free paper. 1234567890 QFR/QFR 10987654321 ISBN: 978-0-07-340696-1 MHID: 0-07-340696-1 Vice President & Editor-in-Chief: Michael Ryan Vice President EDP/Central Publishing Services: Kimberly Meriwether David Publisher: Christopher Freitag Sponsoring Editor: Matthew Busbridge Executive Marketing Manager: Pamela S. Cooper Editorial Coordinator: Nikki Weissman Project Manager: Erin Melloy Design Coordinator: Margarite Reynolds Cover Designer: Carole Lawson Cover Image: Albert Bierstadt, American......

Words: 248535 - Pages: 995

Premium Essay

The World in 2008

...EDITOR'S INTRODUCTION Two big events will frame the year ahead: America’s presidential election and the summer Olympic games in Beijing. The race for the White House will be a marathon, from the front-loaded primary season in January and February to the general election in November. The betting is that the winner will be a Democrat—with a strong chance that a Clinton will again be set to succeed a Bush as leader of the free world. China, meanwhile, will hope to use the Olympics to show the world what a splendid giant it has become. It will win the most gold medals, and bask in national pride and the global limelight. But it will also face awkward questions on its repressive politics. America and China will be prime players in the matters that will concentrate minds around the world in 2008. One of these is the world economy, which can no longer depend on America, with its housing and credit woes, to drive growth. America should—just—avoid recession, but it will be China (for the first time the biggest contributor to global growth) along with India and other emerging markets that will shine. Another focus of attention will be climate change. As China replaces America as the world’s biggest producer of greenhouse gases, serious efforts on global warming depend on the serious involvement of those two countries. If 2007 was the year when this rose to the top of the global agenda, in 2008 people will expect action. It is striking that green is a theme that links all the......

Words: 89030 - Pages: 357