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Civil Liberties, Habeas Corpus, and the War on Terror

Question # 00000974
Subject: General Questions
Due on: 09/02/2013
Posted On: 09/11/2013 03:50 PM

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The final assignment for this course is a Final Paper. The purpose of the Final Paper is to give you an opportunity to apply much of what you have learned about American national government to an examination of civil liberties in the context of the war on terror. The Final Paper represents 20% of the overall course grade.

Soon after the U.S. invasion of Afghanistan in 2001, the Bush administration developed a plan for holding and interrogating captured prisoners. They were sent to a prison inside a U.S. naval base at Guantanamo Bay, on land leased from the government of Cuba. Since 2002, over 700 men have been detained at Gitmo. Most have been released without charges or turned over to other governments. In 2011, Congress specifically prohibited the expenditure of funds to transfer Gitmo prisoners to detention facilities in the continental United States, making it virtually impossible to try them in civilian courts. As of April 2012, 169 remained in detention at Gitmo (Sutton, 2012).

An assumption made by the Bush administration in selecting this location was that it was beyond the jurisdiction of U.S. courts. The administration wanted to avoid any judicial oversight of how it handled detainees, characterized as enemy combatants. A possible legal challenge to indefinite detention with no formal charges or judicial proceedings might arise from the habeas corpus provision of the Constitution.

Article I, Section 9 of the Constitution states, "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." Under this provision, persons detained by the government are entitled to a judicial hearing to determine if there is any legal basis for their detention. Some legal commentators refer to the right of habeas corpus as the "great writ of liberty" because it is a prisoner's ultimate recourse to an impartial judge who can review the possibility that he is being held illegally by the executive (e.g., the police or the military). In nations that do not honor habeas corpus, people simply disappear into prisons without ever having their day in court.

Several controversial Supreme Court cases have come out of Gitmo. One fundamental question that has been debated, but not clearly resolved, is to what extent the war on terror justifies the President's indefinite detention of enemy combatants without the possibility of the minimal judicial review protected by habeas corpus? Another issue in the debate is to what extent Congress must clearly authorize the President to conduct extra-judicial detentions in order for them to be legal? In 2008, the Supreme Court’s decision in Boumediene v. Bush offered some answers to these questions. However, the deeply divided 5-4 Court and the likelihood of the protracted nature of the war on terror suggest that debate around these important questions will continue. Writing the Final Paper in this course will prepare you to participate intelligently as a citizen in this ongoing debate.

Write an essay about the right of habeas corpus in the context of the war on terror. Your essay should address the following subtopics:

Explain the historical evolution of habeas corpus, including its English and American traditions. The explanation of its evolution within the American tradition should include the general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties.

Provide examples from U.S. history of the suspension of habeas corpus and their applicability to the present.

Analyze the relevance of habeas corpus to the contemporary U.S. situation during the war on terror, especially with respect to persons characterized by as enemy combatants or illegal combatants.

Explain the U.S. Supreme Court's interpretation of the right of habeas corpus with respect to enemy combatants or illegal combatants (i.e., the views of the five justices making up the majority in Boumediene v. Bush as well as the views of the four dissenting justices).

Evaluate a minimum of four perspectives on this topic expressed by justices of the Supreme Court, leaders in other branches of government, and commentators in both the academic and popular media. Your evaluation should consider perspectives on the following topics as they relate to habeas corpus:

The role of the President as Commander-in-Chief.

The role of Congress in determining when habeas corpus can be suspended.

The role of the Supreme Court in protecting civil liberties, including the judicial philosophy which should guide the Court in this role, and

In your evaluation, you should also include your personal philosophy, values, or ideology about the balance between civil liberties and national security in the context of an unending war on terror.

Follow these requirements when writing the Final Paper:

The body of the paper (excluding the title page and reference page) must be at least 1,500 words long.

The paper must start with a short introductory paragraph which includes a clear thesis statement. The thesis statement must tell readers what the essay will demonstrate.

The paper must end with a short paragraph that states a conclusion. The conclusion and thesis must be consistent.

The paper must logically develop the thesis in a way that leads to the conclusion, and that development must be supported by facts, fully explained concepts and assertions, and persuasive reasoning.

The paper must address all subtopics outlined above. At least 20% of the essay must focus on subtopic six, listed above (your evaluation of perspectives on the topic).

Your paper must cite at least three academic articles (excluding the course textbook) and at least four other kinds of sources (e.g., Supreme Court opinions, magazine or newspaper articles, the course textbook, and reliable websites or videos).

Use your own words. While brief quotes from sources may be used, altogether the total amount of quoted text must be less than five percent of the body of your paper.

When you use someone else's words, they must be enclosed in quotation marks followed by an APA in-text short citation (author, year, and page) to your source. The in-text citation must correspond to a full APA citation for the source on the reference page at the end of the essay.

When you express in your own words someone else's ideas, arguments or facts, your statement must be followed by an APA in-text short citation (author, year, and page) to your source. The in-text citation must correspond to a full APA citation for the source in the reference page.

The form of the title page, the body pages, and the reference page must comply with APA style. Additionally, the title page must include the course number and name, the instructor's name, and the date submitted.

The paper must use logical paragraph and sentence transitions, complete and clear sentences, and correct grammar, spelling, and punctuation.

For this paper you need to do research in peer-reviewed journals or other sources that are considered to have reliable information. In addition to your required course text, you need at least seven scholarly sources, three of which must be peer-reviewed journal articles from the Ashford Online Library.

Academic research papers must meet university level standards of quality. What constitutes quality, academic research?

Primary sources written by experts in the field of study

Secondary sources supported by research in primary sources

Credible sources (experts in the area of study)

Relevant research (materials are pertinent to the area of study)

Peer-reviewed journal articles (journal articles reviewed by recognized experts in the relevant field of study).

Educational and government websites (those ending with a web URL suffix of .edu or .gov) may be appropriate in some cases but should be evaluated carefully.

Please visit the Academic Research section on your course homepage (accessible through the Student Responsibilities and Policies tab on the left navigation toolbar) to review what types of materials are not acceptable for academic, university level research.

The paper must be at least 1,500 words in length and formatted according to APA style. Cite your sources within the text of your paper and on the reference page. For information regarding APA, including samples and tutorials, visit the Ashford Writing Center within the Learning Resources tab on the left navigation toolbar

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Civil Liberties, Habeas Corpus, and the War on Terror

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habeas_corpus_and_the_war_on_terror_0.docx (26.62 KB)
Preview: criticism xxx President xxxx because he xxxx suspended Habeas xxxxxx without xxxxxx xxx much xxxxxxxxxxx on who xxxxx “enemy combatants’’ xxxx U x xxxxxxx Court's xxxxxxxxxxxxxx of the xxxxx of habeas xxxxxx Habeas xxxxxx xxx guarantees xxx detained person xx access the xxxxx with xxxxxxxxxxxx xxx ruling xxx legality of xxxxxxxxx and can xxxxx the xxxxxxx xx a xxxxxx when it xx unlawful This xxxxxxx has xxxxxxx xxxxxxx lost xx debates since xxx September 11, xxxxx terrorist xxxxxxx xxxx right xx specifically made xxx all the xxxxxxxx persons xx xxxxxx States xxxxxx at the xxxxxxxxxx Bay Naval xxxx in xxxx xxx Bigram xxx Base in xxxxxxxxxxx In 2008, xx Boumediene xx xxxxx the xxxxxxx Court ruled x to 4 xxxx Guantanamo xxxxxxxx xxxx entitled xx access the x S Justice xxxxxx (Wert, xxxxx xx a xxxxxxxx opinion written xx Justice Anthony xxxxxxxx it xxx xxxxxxx that xxxx and constitution xxx important for xxxxxxxx and xx xxxxxxxxxxxxx circumstances xxxx take powerful xxxxxxxx It was xxxx ruled xxxx xxxxxxxxx Status xxxxxx Tribunals were xxxxxxxxxxxxx and this xxxxx was xxxx xx court xxxxxxx was joined xx Ruth Bader xxxxxxxxx Stephen xxxxxxx xxxxx Souter xxx John Paul xxxxxxx in the xxxxxxxx The xxxxxxxxxx xxxxxxxxxx were xxxxxxx to an xxx by the xxxxxxx Court xxxxxxx xxxxx involvement xxx finally given xxxxxxx to the xxx arrested xxx xxxx at xxxxxxxxxx With this xxxxxxxx Supreme Court xxxxxxxx the xxxxxxxxxx xx Habeas xxxxxx which has xx ancient history xxxxxxxxx 2011) xxxx xx the xxxxxxxxx as Commander-in-ChiefPresident’s xxxx is a xxxxxxxxx issue xx xxx suspension xx Habeas Corpus xx is true xxxx President’s xxxx xx hard xxx it become xxxxxxx when the xxxxxxxxx is xx xxxxxx States, xxxxxxxx it is xxxx that many xxxxxxxxxx have xxxxx xxxxxxxxx and xxxx have been xxxxxx on suspending xxx Habeas xxxxxx xxx still xx must be xxxxxxx that there xxxxx be xxxx xxxxxxxxxxx circumstances xxxxx they could xxx have manage xx take xxx xxxxx decision xxxxx than suspension xx habeas Corpus xxxxx is xx xxx who xxx decide on xxx President’s role xx commander-in-chief xxx xxx Habeas xxxxxx to deal xxxx war on xxxxxx and xxxxxxxxxxx xxxxxxxxxxxxxxxx Role xx Congress and xxxxxx corpus suspension xxxxxxxx has xx xxxxxxxxx role xx the suspension xx Habeas corpus xx was xxxx xxxxxxxx that xxx been given xxx power to xxxx the xxxxxxxxxxxxx xxxxxxxx to xxxxxxxxxx of Habeas xxxxxx It was xxxxxxxx who xx xxxxxxxxxx all xxx actions of xxx President as xx is xxx xxxxxxxxx that.....
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Civil Liberties, Habeas Corpus, and the War on Terror (100% original work in APA format)

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Civil_Liberties,_Habeas_Corpus,_and_the_War_on_Terror.doc (107 KB)
Preview: the xxxxxxxxxxxxx and xxxxxxxxx Death Penalty xxx (AEDPA) AEDPA xxx three xxxxxxxxx xxxxxxx first, xx imposes a xxxxxxxx statute of xxxxxxxxxxx on xxxxxx xxxxxxxxx Second, xxxxxx a United xxxxxx Court of xxxxxxx gave xxx xxxxxxxxx a xxxxxxxxxx may not xxxx successive habeas xxxxxx petitions xxxxxx xxxxxx relief xx only available xxxx the state xxxxxx determination xxx xxxxxxxx to, xx involved an xxxxxxxxxxxx application of xxxxxxx established xxxxxxx xxx as xxxxxxxxxx by the xxxxxxx Court of xxx United xxxxxx xxx role xx the Supreme xxxxx in protecting xxxxx liberties, xxxxxxxxx xxx judicial xxxxxxxxxx which should xxxxx the Court xx this xxxx xxx Supreme xxxxx plays an xxxxxxxxx part in xxxxxxxxxx civil xxxxxxxxx xxx ability xx the Supreme xxxxx to scrutinize xxx aspects xx xxxxxxxxxx is xxxxx as judicial xxxxxx This power xx based xx xxx Supreme xxxxxx ability to xxx as the xxxxxxxxxxx and xxxxxxx xx the xxxxxxxxxxxx Neither the xxxxxxxxx http//www historylearningsite xx uk/pres1 xxx xxxxxxxxx nor xxxxxxxxx http//www historylearningsite xx uk/congress htm xxxxxxxx has xxx xxxxx to xx this The xxxxxxx Court is xxx only xxxx xxxx has xxx right to xxxxxxxxx what the xxxxxxxxxxxx means xxx xx is xxxx right that xxxxx it the xxxxx to xxxxxxxxxx xxx aspects xx government Ironically xxxx power is xxx laid xxxx xx the xxxxxxxxxxxx The Constitution xxxx state that xxx Supreme xxxxx xx the xxxx supreme judicial xxxx in America xxx it xx xxxxx as xx how this xxxx should be xxx into xxxxxxxx xxxxxxx Doyle xxxx The power xx the Supreme xxxxx does xxx xx with xxx concept of xxxxxx and balances xx all xxxxxxx xx government xxx power of xxxxxxxx review has xxxxxxx the xxxxxxx xxxxx to xxxxxxx civil liberties xxxxxx America Its xxxxxxxxxxx in xxxxx xxxxxx issues xxx ranged from xxxxxx issues, to xxx rights xx xxxxx accused xxx the reapportionment xx electoral districts xx personal xxxxxxxxxxx xxxxxx or xxxxxxxx about the xxxxxxx between civil xxxxxxxxx and xxxxxxxx xxxxxxxx in xxx context of xx unending war xx terror x xxxxxxxxxx believe xxxx we do xxx need to xxxxxxxx our xxxxx xxxxxxxxx as xxxxxx in the xxxx of Rights xx order xx xxxxxxx American xxxxxxxx from terrorist xxxxxxxxxxxxx Civil liberties xxx the xxxxxxxx xxxxxxxxxx and xxxxxxxx that the xxxxxxxxxx cannot abridge, xxxxxx by xxxx xxxxxxxxxxxxx or xxxxxxxx interpretation which xxxxxxx the freedom xxxx slavery xxx xxxxxx labor, xxxxxxx from torture xxx death, the xxxxx to xxxxxxx xxx security, xxxxx to a xxxx trial, the xxxxx to xxxxxx xxxx self, xxx right to xxxxxxx Yes, it xx very xxxxxxxxx xxx us xx worry about xxxxxxxxx and to xxxxxx our xxxxxxx xxx it xx not necessary xxx our government xx take xxxx xxx civil xxxxxxxxx in the xxxxxxx I do xxx think xx xxxx to.....
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