Here is my last final for Political Science Habeas Corpus and the War on Terror Habeas Corpus has been suspended several times by different presidents during war situations in America to the point that it is shocking to see what these men of power and people in public went through during these situations. I only use the term men as the driving force since there has not yet been a woman in the seat of the president. Habeas Corpus, as defined by the textbook, (Levin-Waldman, O. M. (2012); is the demand by the court to a jailer to produce the prisoner and announce the charges. As confirmed by reviewing the textbook it is the “Speedy Trial Clause” (Levin-Waldman, O. M. (2012). The time frame of Habeas Corpus is questionable because everyone is entitled to their day in court, due to their civil liberties provided by the US Constitution. The definition of terrorism has got to be taken into account when considering decisions of a legal nature whether it is on U.S soil or happening by criminals from overseas held elsewhere. “The vast scholarship since Boumediene has examined many questions, but several fundamental aspects of the doctrine have been under-attended” (Howe, Z. (2014). The first president to ever suspend Habeas Corpus during times of war was Abraham Lincoln. “Confederate saboteurs could be imprisoned without the government having to show cause for the arrest” (Dirck, B. 2012). Civil liberties as defined by the textbook, (Levin-Walden (2012) are rights that we as individuals enjoy, usually referring to personal freedoms. If this is true definition of civil liberties there must be a imploding of wonder as to what happens when personal safety of public and even the president may be in danger. Does this mean that we can hold these people for an indefinite amount of time? When Bush tried to hold people and violate their right of habeas corpus by keeping them as prisoners of war, it was shown that this must be unconstitutional, or else these people would not have been set free and the charges dropped. Were any of these people U.S. Citizens? Do foreigners have a right to habeas corpus when they have committed war crimes that have affected the nation? Are courts required to show substantial evidence against imprisonment when the person is seen as a trader? These questions were not answered by simply understanding the issue at hand at all. These were personal thoughts as investigation was put upon the table today as to; what is the right to habeas corpus by people in general? Can the constitution be repeatedly challenged? The answer is evident that it can be challenged and has been. Let “We the People” begin to breakdown history to reveal the future of habeas corpus and civil liberties during times of war by still reviewing the past. The University of Illinois Press, ((2007), pp. 20-29) referenced below covered when President Lincoln and civil liberties in wartime were involved. The prisoners were arrested in Charleston, Illinois. (2007). Who is David Davis? “Davis was a friend and colleague of Lincoln from early court circuit days in Illinois. (University of Illinois Press2007) The actions of Lincoln were declared “unconstitutional and wrong”(University of Illinois Press, 2007). There is no justification unless someone feels as though that the well-being of citizens are in harm’s way. In 1864 the prisoners from the riot were released when their cases were dismissed. The similarity to the release of Habeas Corpus in the case of the riots and the violation of civil liberties with Bush at Guantanamo Bay AKA GITMO were very similar. Everyone is entitled to a trial by a court no matter what the crime is in a democracy. If we start not allowing people a fair trial no matter what then who is getting hurt by that? The United States Constitution came from the ideals of a simpler society that wanted a series of checks and balances. This is common knowledge and so obviously, we hold these truths that all men are created equal and so they must be treated equally. This means no matter whether or not the person is a legal resident of the United States is insignificant to the end result. Everyone seems protected by the Constitution. Even prisoners that have committed the most extreme of injustice are entitled to their day in court. People cannot be discriminated against no matter what. “Ex Parte Milligan has stood for nearly 150 years as a landmark decision and as a compelling statement about law versus oppression in a free society” (University of Illinois Press, 2007). Whenever countries become involved in political war and bloodshed at the hands of terrorists and we try to take away their rights and liberties there is nothing that says even people that commit jihad are not entitled to their day in court. Every criminal is entitled to hear the charges against him, and representation or the right to represent themselves in a court of law to prove that they are not guilty of the charges. If these rights are taken away from prisoners we become barbaric like countries without a constitution. When we begin to become judge and jury to our peers without hearing their side we are committing criminal acts. The person may be innocent. We are to assume that people are innocent until proven guilty beyond a reasonable doubt. Government used to fall under the parameters of “In God We Trust”! May, 2013 the United States armed forces killed Osama bin Laden and they have taken heat from the civil liberties advocates even in the present day ((2012). UPI Top News). They dumped his body into the ocean and he was never provided a trial or an appropriate burial. This created all sorts of issues actually, because people still to this day question if he is really deceased or not. The gossip and stories are worthy of examination without a body being produced. The man would have been entitled to a burial if we truly follow a constitutional government. “The Constitution guarantees “due process” and not “judicial process” ((2012. UPI Top News). We must even look at present day politics and realize that there have been wars fought. We have been attacked on our own soil. We have killed a number of dictators and leaders around the world. Who knows what secretive missions that the citizens know nothing about? When tuning into the news overseas it is not as censored as over here. They seem to be more real in their approach of broadcast. Our people in America seem way more fragile to the process of combat then other countries. It seems to be more in your face overseas the brutality. Overseas they are more brutal in their methods of justice. They will chop off a arm in a minute. We stopped hanging and beheading people years ago. Over here in the United States it is even illegal to kill yourself except in Oregon. The people in Guantanamo Bay were probably better off over here with being imprisoned undefinitely. The president is entitled to protecting us against belligerents as they were referred to. If the legal authority is now evolving, where are we in present day that even the worst of criminals are not buried? It is not the place for our government to make an example of them to other nations as to what we can do if you mess with our military, or our country. It came across in a state of fascist society thinking. Some people may feel that we are putting our nose where it is not wanted and that a lot of it involves politics and elections. Do politicians do things for the greater good, or do they do them with their own selfish interest. The skeptic will never trust in the government no matter what. Habeas Corpus has been suspended several times by different presidents during war situations in America to the point that it is shocking to see what these men of power and people in public went through during these situations. I am quite the writer! So No I am not just a photographer, I am a writer too. Case closed.
Posted on: Mon, 22 Dec 2014 00:22:17 +0000
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