Constitution and laws. As a result, they state that the right does not exist only to free innocently convicted people but to ensure that no individual is detained because of violation of his/her constitutional rights (Chemerinsky, n
This suspension was upheld after President Bush and the Congress concluded that the prevailing situations necessitated repealing the right to habeas corpus. This resulted in the enactment of the Military Commissions Act that reserved the privilege to all people detained by the United States (Clark, n
Political rulers have usually regarded themselves as gods with powers that are relatively similar to that of divine beings. Habeas corpus has been a significant means in limiting these governmental powers since it has helped to overthrow the arrogant pretense by political authority (Ebeling, 2002)
The relation between the imprisonment of these people and the privilege is the fact that most of them face indefinite imprisonment without being charged with an offense or afforded the status of prisoner of war. However, these detainees have sought to use the proceedings of habeas corpus in order to challenge the legitimacy of their imprisonment (Farrell, 2010)
While American citizens remain free to challenge their imprisonment in civilian courts, aliens remain subject to the executive determination of their status as illegal or enemy combatants. Through closing the door for alien detainees, the provision demonstrates that the rights of alien detainees are less significant of protection that those of American citizens (Katyal, 2007)
The habeas corpus petition must demonstrate that the court ordering the incarceration or detention of the person made a legal or factual mistake. Therefore, this writ is the constitutionally granted right of an individual to present evidence before a court of law in attempts to prove that he/she was wrongly imprisoned (Longley, n
during the Civil War, Reconstruction, in the Philippines following the Spanish-American War, and in Hawaii during the Second World War. However, the most intriguing suspension of habeas corpus is that by President Lincoln since he claimed the authority that the Constitution seems to grant Congress (Shaw, 2009)
His point was that if the government has the power to lock up its citizens without having to justify its actions to a court, as habeas corpus requires, all other rights are meaningless. (Cole 2013) Indeed what we are witnessing is, as Justice Kennedy noted in his Boumediene decision, a "pendular…swing…away from individual liberty" and a slow movement of the government into the sort of "undivided, uncontrolled power" that the Constitution's framers were explicitly trying to guard against (Kennedy 2008)
His point was that if the government has the power to lock up its citizens without having to justify its actions to a court, as habeas corpus requires, all other rights are meaningless. (Cole 2013) Indeed what we are witnessing is, as Justice Kennedy noted in his Boumediene decision, a "pendular…swing…away from individual liberty" and a slow movement of the government into the sort of "undivided, uncontrolled power" that the Constitution's framers were explicitly trying to guard against (Kennedy 2008)
The confrontation became the first of several celebrated civil liberties cases during the war…In a circuit court ruling on May 28, Taney denied the president's right to suspend the writ…. (MacPherson 287-8) Taney's grounds for declaring Lincoln's suspension of habeas corpus to be unconstitutional were, however, fairly limited and clear-cut
S. military, although it provided a convenient figleaf for Chief Justice Roberts to sanction the government's actions by referring to Guantanamo itself as a "jurisdictionally quirky outpost" (Roberts 2008), thus applying an adjective to a gulag that is more frequently associated with Zooey Deschanel
As Taney wrote: "I can see no ground whatever for supposing that the President, in any emergency or in any state of things, can authorize the suspension of the privilege of the writ of habeas corpus, or arrest a citizen, except in aid of the judicial power." (Taney 1861)
Constitution only refers to Habeas Corpus in order to specify the (exceptionally rare) circumstances in which the right may be revoked. The originally British law was entitled "an Act for the better securing the liberty of the subject" but essentially enshrined as legislation an earlier common law concept which used the Latin phrase in its offical writ (Walker 149)
Supreme Court, which stated that the detainees were entitled to the protection of the U.S. Constitution (Gaffney, 2009, p
IV. The Academic Perspective: Habeas corpus in the time of War on Terror From the academic community of lawyers studying legal process methodology, Guantanamo habeas cases bring into fore not only a rights-based argument for or against entitlement of the writ of habeas corpus, but also the existentialist question of reviewing and deciding on a habeas case for rights' sake (Martinez, 2008, p
S. constitutional law and/or the Geneva Conventions (Terry, 2008, p
" Ultimately, this standard was determined by the "executive's detention power," although this standard was not clearly defined and determined by the executive. In effect, court rulings at the district level did not also reflect any "clear and convincing" standard that helped determine the petitioners' or detainees' guilt of the crimes or allegations stated against him/her (Waxman, 2009, p
Given that the Constitution has assured the rights of the prisoner to question the legality of his detention, it is certainly extraordinary to discover that Congress has authorized suspensions of habeas corpus on four occasions. The first occurred when President Lincoln (on April 27, 1861) "…suspended the writ of habeas corpus" in Pennsylvania, Delaware, Maryland, and Missouri (Brooks, 834)
S. Congress passed the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) which required a one-year period for a defendant to seek habeas corpus review in death penalty cases (Fulks, 2009)
The idea that the Executive Branch can decide when habeas corpus applies and when it doesn't is an anathema to Constitutional guarantees. History of the Habeas Corpus University of Virginia history professor Paul Halliday writes that the writ of habeas corpus has served the Anglophone legal cultures for "…more than four centuries," and its purpose is basically to assure that a prisoner will be brought before a judge and not simply thrown into incarceration without specific charges against him (Halliday, 2010, p