Civil Liberties, Habeas Corpus, and the War on Terror Essay - 1

Civil Liberties, Habeas Corpus, and the warfare on Terror - Essay ExampleIn addition, the paper examines the habeas corpus in relation to the war against terrorism and the Supreme Courts involvement, the involvement of the President and Congress in decisions regarding habeas corpus. Civil Liberties, Habeas Corpus, and the state of war on Terror Following the September 11th approach path, the US, then under the Bush Administration, viewed the act as an initiator to a war against the country. In addition, successive terror attacks in Bali, Madrid train attack and the London subway attack, the Bush Government saw enough proof that terrorism was escalating (Cole, 2003). The Government did non take these activities lightly as this saw immediate measures from it and allies against terror activities. Among this stern measures included military intervention into Afghanistan, capture, persecution, and in worst cases, the elimi farming of potential suspects in the terror activities. In ad dition, the struggle on Terror implemented methods such as detention centers for extra- discriminatory prisoners like Guantanamo Bay, rendition flights and new interrogation techniques among legion(predicate) others. Nature of the judicial writ Historically, the role of habeas corpus was to protect those arrested by the Executive without the involvement of any judicial activities. ... public Safety may require it. Strange enough, this is the entirely statement about the Great Writ found in the US constitution as opposed to the high regard in which it was held during its inception. It has been realized that it is only the Federal Government that is limited to the writ and not the State. Attention has arose as to who should be give the authorisation to suspend the writ or rather determine the case in which suspension of the writ would be around appropriate. Initially, the force out of suspending the fairness rested with the legislature but in early commentary, the power of t he Congress to suspend the law assumed and stated by the Court. In early Civil War period, the privilege law was suspended by President Lincoln on his own motion only to be met with much resistance forcing him to seek for authorization from the Congress. Presidents, in times of wars and emergencies, hasten extraordinary authority accompanied with possession of executive powers that result in asserted violations of rights of the constitution and other known ratified rights. When a dispute is taken to court, one side of the court is of the view that a ruling for the competitor would expose the security of the nation while the other side is of the opinion that the ideals that make the preservation of the nations security worth should be held at all costs. Many courts, in their habeas corpus jurisdiction, have handled issues regarding separation of powers during wars. The writ of habeas corpus is a mechanism in which the courts have insisted that none of the King, the President or an y other official may subject someone to detention unless a court of law does so. As long as the writ runs and in any given circumstance, including war, the courts have the power to enforcement of the most basic law