Civil Liberties, Habeas Corpus, and the War on Terror Research Paper

Civil Liberties, Habeas corpus, and the War on Terror - Research Paper ExampleThe provision is base on Former U.S. President Abraham Lincolns jailing suspected Confederate sympathizers without relief during the U.S. Civil War, suspending the Writ of Habeas Corpus. President Lincoln issued the Habeas Corpus suspension to economise the spies, enemies, aiders, abettors, and deserters during the Civil War (Lincoln, 1989, p. 511). In the case of Rasul v. Bush, 542 U.S. 466 (2005), the Supreme Court ruled that foreign nationals being held as enemy combatants in the war on terror had the right to challenge their incarceration at Guantanamo Bay. Similarly, the Supreme Court decided in the Boumediene v. Bush (2008) case that the Detainee Treatment Act of 2005 did not appliance any alternative to the habeas corpus provision of the U.S. Constitution (Vile, 2010, p. 48). Further, U.S. Criminal laws cause and prejudice rule reiterates the doctrine that the prisoners can petition, through a r epresentative or by himself, the courts for a federal writ of habeas corpus on the ground that the prisoners constitutional rights were overlooked or abused, prejudicing the prisoner(Garner, 2009, p. 279). Habeas corpus is related to the justification of the other polite liberties. Blacks law dictionary defines civil liberty as Freedom from undue government interference or restraint. The civil liberties include freedom of speech, freedom of the press, freedom of religion, freedom of association, and other liberties mentioned in the U.S. Constitutions street arab of Rights section. Further, the prior U.S. civil liberties were provided by the 1648 Lawes and Libertyes of Massachusetts. Likewise, the civil liberties were enshrined in the 1791 Bill of Rights provisions. In addition, the civil liberties were included in Englands 1216 Magna Carta Law. The Civil liberties were also emphasized in Englands 1628 the Petition of Rights and the 1689 Bill of Rights Law. Just like the civil lib erties, the touch on persons and groups are granted the right to ask the courts to produce the body of the detained prisoners, including those incarcerated in Guantanamo Bay (Garner 2009, p.308). Further, Blacks law dictionary states that the U.S. Bill of Rights is based Habeas Corpus Act 31 Car. 2, 1679 (Garner 2009, 217). Question 2.During the 18th Century, England assigned governors to oversee the statehood of each United submits historic colonies. Englands policy of promoting the colonies into states was incorporated in the Article 5 of the 1787 Ordinance. The State Constitutions Article 2s civil liberties sections included a habeas corpus provision protecting the citizens from government abuses (Keene, 2004, p.74). Further, the United States President definitive the suspension of the Write of Habeas Corpus in 1863, 1866, and 1857. The United States Congress approved the United States presidents suspension during the same time periods. However, there was no general act that w ould suspend the Writ indicated in the Revised Statutes. During the 17th Century, Britain allowed its English subjects the right to Habeas Corpus. Only Englands Court of the Kings judicial system had the power to execute a Writ of Habeas Corpus, not the court judge. The courts implemented the Habeas Corpus Act of Charles II and revised the defects found in Englands 1869 Bill of Rights (Stimson, 2004, p.166). In terms of history, the September 11, 2001 twin towers attack can be classified as an