Habeas Corpus
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- Category: Politics: Political Science
- Date Submitted: 07/13/2014 03:11 PM
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Habeas Corpus
POL 201
Instructor Burrus
May 5th, 2014
Habeas Corpus
Habeas Corpus has been around a very long time and has been very controversial as of late. With the war on terror and the many debates about the rights of said terrorists, it has become the spotlight amongst those who demand reform or better clarification of Habeas Corpus in terms of those deemed as enemies “without borders.” In this paper I hope to explain how Habeas Corpus came about as well as its historical purposes. Along those lines I hope to generally define the term/topic as well as how it protects civil liberties other than those aforementioned in this paragraph. Along with some specific examples and how it was suspended in certain scenarios, I will also analyze its relevance to terrorists, or those marked as enemy combatants. I will also shed some light on a few perspectives from scholarly resources.
Habeas Corpus has been around since the 16th century back in England when there were still monarchies in power. It was created in order to get rid of what was called the “STAR chamber.” They were “controlled by the crown and held sessions in secret, meting out severe punishments.” (Funk & Wagnalls 2009) Habeas Corpus writs came about in 1641 due to unfair and unjust imprisonments in England.
In America, we adopted habeas corpus from Europeans when we broke away in independence. It is a piece of our Constitution and is very clear to whom it applies to. The writ of Habeas Corpus was amended in American History. Article I, Section 9, Clause 2 (The Suspension Clause) says “The Privilege of the Writ of Habeas Corpus when in Cases of Rebellion or Invasion the public Safety may require it." However, many argue that it violates the constitutional due process rights of those who are detained. The suspension clause, created in 1787, came about when the United States was stuck in a position with neighbors that were unhappy with how we were doing business and expanding. The Native...
POL 201
Instructor Burrus
May 5th, 2014
Habeas Corpus
Habeas Corpus has been around a very long time and has been very controversial as of late. With the war on terror and the many debates about the rights of said terrorists, it has become the spotlight amongst those who demand reform or better clarification of Habeas Corpus in terms of those deemed as enemies “without borders.” In this paper I hope to explain how Habeas Corpus came about as well as its historical purposes. Along those lines I hope to generally define the term/topic as well as how it protects civil liberties other than those aforementioned in this paragraph. Along with some specific examples and how it was suspended in certain scenarios, I will also analyze its relevance to terrorists, or those marked as enemy combatants. I will also shed some light on a few perspectives from scholarly resources.
Habeas Corpus has been around since the 16th century back in England when there were still monarchies in power. It was created in order to get rid of what was called the “STAR chamber.” They were “controlled by the crown and held sessions in secret, meting out severe punishments.” (Funk & Wagnalls 2009) Habeas Corpus writs came about in 1641 due to unfair and unjust imprisonments in England.
In America, we adopted habeas corpus from Europeans when we broke away in independence. It is a piece of our Constitution and is very clear to whom it applies to. The writ of Habeas Corpus was amended in American History. Article I, Section 9, Clause 2 (The Suspension Clause) says “The Privilege of the Writ of Habeas Corpus when in Cases of Rebellion or Invasion the public Safety may require it." However, many argue that it violates the constitutional due process rights of those who are detained. The suspension clause, created in 1787, came about when the United States was stuck in a position with neighbors that were unhappy with how we were doing business and expanding. The Native...