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  • Essay / Habeas Corpus and the War on Terror - 1306

    How can we justify the War on Terror abroad when the war has been brought to our doorstep with very little left overseas but some small resistances? This may be a difficult question to answer, but it can be easily found by understanding the criminal mind and how terrorists work. The main objective here is to show how the war is going and how the terrorists were classified as such. I will also provide information on Habeas Corpus past and present as well as what it means in English and American traditions. Also, the way everything will be written will answer very specific questions asked and I will answer them. The first part of the essay focuses on the history of habeas corpus and how it came to be. This is a law dating from 1863 intended to suspend the right to a trial if you are convicted of treason or terrorist actions against the United States and is signed into law by the president when the need arises. feel (Habeas Corpus Act of 1863. (2009) Since it is a mandate of the President himself, the courts as well as the judges who issued an order must suspend it until the President has resumed the use of habeas corpus Habeas corpus is a tradition that is celebrated as an ultimate safeguard of freedoms (Fallon Jr., RH (2010). Liberty, when it refers to imprisonment. without a court hearing, is why habeas corpus is issued in the name of the prisoner or by the prisoner himself. Those who are denied this right at present are the "enemy combatants." ยป who were imprisoned without a hearing due to their alleged crimes. This is a country with many laws and civil liberties as well as implied freedoms based on the constitution and the bill. ..... Law of 1863. (2009). Habeas Corpus Act of 1863, 1.Fallon Jr., RH (2010). THE SUPREME COURT, HABEAS CORPUS, AND THE WAR AGAINST TERROR: AN ESSAY IN LAW AND POLITICAL SCIENCE. Columbia Law Review, 110(2), 352-398. Sutton, J. (April 19, 2012). Two Uyghur prisoners from Guantanamo are heading to El Salvador. Chicago Tribune News. Retrieved from http://www.chicagotribune.com/news/sns-rt-us-usa-guantanamo-salvadorbre83i1ha-20120419,0,1170410.storyCORBETT, R.J. (2012). Suspension of the law during the crisis. Political Science Quarterly, 127(4), 627-657. Pond, British Columbia (2009). Boumediene v. Bush: Habeas Corpus, Exhaustion and Special Circumstances Exception. Brigham Young University Law Review, 2009(6), 1907-1933. Jennifer K., E. (February 3, 2010). Detained Enemy Combatants: Habeas Corpus Challenges in Federal Court. Retrieved from https://www.fas.org/sgp/crs/natsec/RL33180.pdf