Freedom, Terror and Government

David P

POL 201

March 11, 2013

Introduction

I have many personal feelings regarding the war on terror and how it has affected me and my family personally since the tragic events of 9/11. According to the United States Constitution, the right of habeas corpus gives any detainee the right to understand what they are being charged with and the right to a judicial hearing in a formal court of law. When it comes to terrorism against this country, I believe this rule is invalid as our government and police agencies see fit. In a time of crisis or possible threat of terrorism, the right of habeas corpus should be temporarily suspended until our military thoroughly interrogates the prisoner and determines whether or not he is a threat against the national security of our country. In the wake of the horrifying events and deaths of innocent people, our country has the right to make its own rules regarding terrorism.

The Right of Habeas Corpus
Under the concept of habeas corpus as developed in Anglo-American jurisprudence, persons who are deprived of their liberty have the right to challenge through judicial inquiry the legality of their arrest or detention (law.gov). In simple terms, this law means that any person accused has the rights to know the charges against him. By these terms, the rights of Americans are protected in such a way that they are able to be considered innocent until proven guilty. The judicial system must be utilized in the way it was designed by the Framers to prove that the person in question is guilty of the crimes he is charged with. This is our basic right to a fair and reasonable trial by jury. History of the Right of Habeas Corpus

“The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.”—Article I, Section IX of the U.S. Constitution. Habeas corpus, a fundamental principle of English common law, does not appear anywhere in the Bill of Rights. Its importance was such that it was enshrined in the Constitution itself. And it is of such enormity that all other rights, including those in the Bill of Rights, are dependent upon it. Originating from English common law, habeas corpus first appeared in the Magna Carta of 121...

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