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  • Essay / War on Terror: Habeas Corpus - 739

    Since the aftermath of September 11, the United States as we know it has changed. The war on terror has become a much bigger priority than the people we should be protecting. After the terrorist attacks on the World Trade Center buildings in New York and the Pentagon in Virginia on September 11, 2001, the Bush administration's response was illegal video/telephone/Internet surveillance, numerous detentions of suspects, citizens and non-U.S. citizens without a trial or the right to habeas corpus (Hafetz, 2011). Everyone can understand that the war on terrorism was and still is a new form of war that calls for different responses. Knowing this, one would still have to ask what the best way to respond to it should be and how exactly. The complex nature of the war on terrorism has raised many questions regarding civil liberties and habeas corpus. Keeping these three as a topic for debate, one would have to deliberate in his own mind about his position and how he personally feels about all of this. Habeas corpus refers to a person's right to judicial certainty regarding the constitutionality of their detention. Habeas corpus is quite possibly the most important assurance a person has regarding their liberty and freedom. By allowing an independent judge to review and make a decision on why a person was detained and, in some cases, order that person's release if the judge believes it was obtained within the framework of illegal procedures. At this point, habeas corpus becomes a crucial protection against wrongful detention, even arrest, murder or even torture (Farell, 2010). The growth of habeas corpus was brought about by past struggles that limited the power of rulers...... middle of paper ......629860.0029.205/--lincoln-s-suspension-of- the-writ-of-habeas-corpus?rgn=main;view=fulltextThe Editorial Board, New York Times. (May 28, 2013). Exceptions to strict rules. The New York Times. Retrieved from http://topics.nytimes.com/top/reference/timestopics/subjects/h/habeas_corpus/Federman, Dr., C. (nd). Habeas corpus at the time of Guantanamo | Cary Federman - Academia.edu. Retrieved from http://www.academia.edu/692284/Habeas_corpus_in_the_age_of_GuantanamoLevin-Waldman, O.M. (2012). American government. San Diego, CA: Bridgepoint Education, Inc. Los Angeles Times. (2006, September 28). Habeas Corpus for all. Los Angeles Times. Retrieved from http://articles.latimes.com/2006/sep/28/opinion/ed-habeas28The Rutherford Institute (nd). The Rutherford Institute - Habeas Corpus. Retrieved from https://www.rutherford.org/constitutional_corner/habeas_corpus/