Write an essay about the right of habeas corpus in the context of the war on terror

profilesholan

 

1500 words

The paper must start with a short introductory paragraph which includes a clear thesis statement. The thesis statement must tell readers what the essay will demonstrate.

 

The paper must end with a short paragraph that states a conclusion. The conclusion and thesis must be consistent.

 

USE MY RESOURCES THAT WILL BE POSTED AT THE END AND Cite your sources within the text of your paper and on the reference page.

 

Write an essay about the right of habeas corpus in the context of the war on terror. The essay should address the following subtopics:

 

  1. 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.
  2. Provide examples from U.S. history of the suspension of habeas corpus and their applicability to the present.
  3. 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.
  4. 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).
  5. 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:
    1. The role of the President as Commander-in-Chief.
    2. The role of Congress in determining when habeas corpus can be suspended.
    3. The role of the Supreme Court in protecting civil liberties, including the judicial philosophy which should guide the Court in this role, and
    4. 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.

 

Resources for this paper: USE AT LEAST 7 FROM THIS LIST!!!

 

 

Burnham, W.D. (2010). Democracy in peril: The American turnout problem and the path to plutocracy. New York, NY: The Roosevelt Institute.

 

Hyde, B. (2011). Critical thinkers are our friends, not food [Video]. Foxnews1450. Retrieved from http://www.youtube.com/watch?v=xmwCW3KUj3c

 

Jefferson, T. (1789, March 13). Letter to Francis Hopkins Paris. Retrieved November 4, 2013 from http://www.let.rug.nl/usa/presidents/thomas-jefferson/letters-of-thomas-jefferson/jefl75.php

 

Washington ,G. (1796, November 4). Farewell Address. Retrieved November 4, 2013 from http://avalon.law.yale.edu/18th_century/washing.asp

Anderson, K. (2006). Law and terror. Policy Review, (139), 3-24. [ProQuest-Central] This academic article argues that, in a time of war, the responsibility for balancing security and liberty lies with Congress acting jointly with the President – not with the President acting unilaterally. The author notes that the Supreme Court seems willing to lessen its role in protecting civil liberties when the two political branches agree on how to balance these potentially conflicting interests.

 

Bradley, C. (2010). Clear statement rules and executive war powers. Harvard Journal of Law and Public Policy, 33(1), 139-148. [ProQuest-Central] This academic article analyzes the Supreme Court’s emphasis on clear congressional laws which either delegate to or withhold from the president extraordinary wartime powers, e.g., the power to detain "enemy combatants" without a court hearing during the war on terror.

 

Cole, D. (2003). Judging the next emergency: Judicial review and individual rights in times of crisis. Michigan Law Review, 101(8), 2565-2595. [EBSCOhost, Academic Search Premier] This academic article assesses judicial review of national security measures, explaining why courts are less activist on matters of national security, especially in times of crisis.

 

Dealy, J. (2007). Subordination of powers: Hamdan v. Rumsfeld. Harvard Journal of Law and Public Policy, 30(3), 1071-1084. [ProQuest-Central] This academic article critiques the Supreme Court's post-9/11 habeas corpus decisions because they may subordinate the President to Congress in the exercise of executive authority to protect the nation.

 

Fallon Jr., R. (2010). The Supreme Court, habeas corpus, and the war on terror. Columbia Law Review, 110(2), 352-398. [EBSCOhost, Academic Search Premier] This academic article analyzes the Supreme Court's post-9/11 cases about habeas corpus, focusing on the political aspects of these decisions. The author concludes that with the prospect of a protracted war on terror, the ideal of the rule of law should have some "play in the joints."

 

Fisher, L. (2003). Military tribunals: A sorry history. Presidential Studies Quarterly, 33(3), 484-508. [ProQuest-Central] This academic article relates the Bush administration's use of military tribunals with their use by FDR during World War II to try saboteurs. The author notes that while the Supreme Court unanimously upheld Roosevelt's tribunal, the history of such procedures shows them as hostile to civil liberties, due process, and basic standards of justice.

 

Foley, B. (2007). Guantanamo and beyond: Dangers of rigging the rules. Journal Of Criminal Law & Criminology, 97(4), 1009-1069. [ProQuest-Central] This academic article critiques the post-9/11 practice of indefinitely detaining "enemy combatants" to incapacitate and interrogate them to uncover plans for terrorist attacks. The author critiques that practice as ineffective and counter-productive.

 

Habeas corpus. (2011). Columbia Electronic Encyclopedia, 6th Edition, 1. [EBSCOhost, Academic Search Premier] The brief article defines the right of habeas corpus and describes its importance as the "great writ of liberty" in both the English and American constitutional traditions.

 

 

 

 

 

 

 

 

 

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