Civil Liberties, Habeas Corpus, and the War on Terror Essay - 2

Civil Liberties, Habeas Corpus, and the War on Terror - Essay modellingThe work that follows discusses the chastise of habeas corpus in the state of war on terror and its historical evolution. Historical Evolution of habeas corpus According to English tradition, habeas corpus fought for closeness of citizens after English debark owners forced it on King John in their constitutional document named Magna Charta (Halliday, 2010). The constitutional document declared that no seizure, imprisonment, dismiss or injury shall occur on anyone except by lawful judgment by the law of the land. In other words everyone had a right to freedom unless they pass through due law process. The common-law courts became the first to use habeas corpus in the thirteenth and fourteenth centuries competing with feudal courts, which local land owners controlled (King & Hoffmann, 2011). These feudal courts had no consistency in their procedures, and the common-law courts began issuing orders demanding rele ase of prisoners in the feudal courts. According to the U.S tradition, Americans believed habeas corpus as a weapon use to defend an individuals liberty, and planned to protect it from suspension in times of peace through inclusion of a provision in term I of their constitution (King & Hoffmann, 2011). ... ?s war against terrorism, habeas corpus checks abuse of government tycoon on alleged terrorists or suspected aliens or criminals to ensure vindication of individuals liberty. Examples from U.S. history of the suspension of habeas corpus and their applicability to the present There are several examples of suspension of habeas corpus in the United States history, which are in exertion at present. An example of habeas corpus suspension is during the reign of Abraham Lincoln. Although authorizing order of the suspension took place in the year 1861, the suspension took place in March 1863 (Dueholm, 2008). The orders inclined stated that, first, throughout the war period, any perso n committing a disloyal practice or giving aid to rebels against the U.S authority would be liable to penalization by military steering or courts martial. Secondly, the orders stated that the suspension of habeas corpus was in respect to all persons arrested in places confined by military commission or authority. As Article I in the U. S constitution stated, the government had authority to suspend the writ of habeas corpus incase there is venture of security, and when the public safety requires it. Lincoln got authority to suspend habeas corpus after Congress passed an act, two years to the war (Dueholm, 2008). According to the article, the president had executive power vested in them, which gave authority to conduct any changes in the government. The suspension of habeas corpus still applies at present, as the president still has powers to execute changes in the government. other example in U. S history is seen when Bush signed a law in October 2006 that suspended the rights of habeas corpus to persons whom United States considered an enemy in the war against terror (Longley, 2013). However, this