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Habeas Corpus And The Rights Essay

2094 words - 9 pages

The Right of Habeas Corpus
Lavina Kindlon
POL 201
Professor Chancey
June 27, 2014

The Right of Habeas Corpus
Introduction
Throughout antiquity, the inspiration of man’s personal significance has been fulfilled in the dominance of those with insignificance or no authority in the nonexistence of the reign of the law. The war on terror has bestowed the United States with an arbitrary confrontation while terrorists are dispossessed of their due process rights after being detained. The right of Habeas Corpus claims superiority of man’s interpretation, in which sanctions those denunciated state and federal court portrayal before a judge or jury. It also proclaims that plaintiffs are ...view middle of the document...

The manifestation of this writ first resulted in the 11th century, producing habeas corpus as common law in England by the time militant barons forced King John I to methodize it in the 1215 Magna Carta, aka Great Charter, which was conceded as a record of individual rights and civil liberties. Halliday (2011) states that “habeas corpus serves as a writ and a scrabble parchment that a judge ordered a jailer to bring forth a named prisoner to court to face said written charges.” The prominence of this document furthermore recognized that trial and due process of law must transpire preceding seizing of property or the liberty from any man who dwelled in England. Article 39 read: “No freeman shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land (Vieira, 2008).” The viewpoints of habeas corpus were inserted in the US Constitution with the endorsement of the 5th and 6th Amendments in 1791.
The article obliges as a treaty of union, and agreement with the King wherein definite and valued civil liberties (personal freedom) (Levin-Waldman, 2012) of its citizens. Only in the incidence of regulation of decree forbids countrymen from denying countrymen of their essential human rights. National Defense Authorization Act (NDAA) was passed in 2011 and this was the signification that this act fell onto American citizens. Adversaries insinuates that this act proves to be unconstitutional for the motive that it deprives habeas corpus, thus permitting the confinement of American residents inferred of terrorist endeavor for an unspecified time without a trial. Whereas other ruminate that this act was a defiance of the Posse Comitatus Act of 1876 in which it hindered the Army’s partaking in international permissible government on American territory.

Suspension of Habeas Corpus
The suspension of habeas corpus is a matter that is controversial in America because it deprives the rights given to citizens by the United States Constitution. The President only has the authority to adjourn the writ of habeas corpus in the manifestation of insurgence or attack. In serious circumstances that alarm the protection of the nation, the federal government can indisputably adjourn the benefit or writ of habeas corpus under the Constitution. There have been two notable adjournments of habeas corpus in United States antiquity. The first came from President Lincoln in April 1861and the other adjournment of habeas corpus came from President Bush in October 2006. The intentions for the adjournment of habeas corpus by Lincoln and Bush were worlds apart as explained by Foner (n.d.). Foner (n.d.) comments that Lincoln’s adjournment was perhaps on the verge of losing the nation; whereas, Bush felt that is was crucial to detainee prisoners of war without due process of law after the violence by terrorist on September 1, 2001.
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