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Civil Liberties Habeas Corpus And The War On Terror 2

My Thesis: Civil liberties paralleled with counterterrorist policies areunjustified during attacks on the United States.

Civil Liberties, Habeas Corpus, and the War onTerror

The final assignment for this course is aFinal Paper. The purpose of the Final Paper is to give you an opportunity toapply much of what you have learned about American national government to anexamination of civil liberties in the context of the war on terror. 

Soon after the U.S.invasion of Afghanistan in 2001, the Bush administration developed a plan forholding and interrogating captured prisoners. They were sent to a prison insidea 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 releasedwithout charges or turned over to other governments. In 2011, Congressspecifically prohibited the expenditure of funds to transfer Gitmo prisoners todetention facilities in the continental United States, making it virtuallyimpossible to try them in civilian courts. As of April 2012, 169 remained indetention at Gitmo (Sutton, 2012).

An assumption made by the Bushadministration in selecting this location was that it was beyond thejurisdiction of U.S. courts. The administration wanted to avoid any judicialoversight of how it handled detainees, characterized as enemy combatants. Apossible legal challenge to indefinite detention with no formal charges orjudicial proceedings might arise from the habeas corpus provision of theConstitution.

Article I, Section 9 of the Constitution states, “ThePrivilege of the Writ of Habeas Corpus shall not be suspended, unless when inCases of Rebellion or Invasion the public Safety may require it.” Under thisprovision, persons detained by the government are entitled to a judicial hearingto determine if there is any legal basis for their detention. Some legalcommentators 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 canreview 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, peoplesimply disappear into prisons without ever having their day in court.

Several controversial Supreme Court cases have come out of Gitmo. Onefundamental question that has been debated, but not clearly resolved, is to whatextent the war on terror justifies the President’s indefinite detention of enemycombatants without the possibility of the minimal judicial review protected byhabeas corpus? Another issue in the debate is to what extent Congress mustclearly authorize the President to conduct extra-judicial detentions in orderfor them to be legal? In 2008, the Supreme Court’s decision in Boumediene v.Bush offered some answers to these questions. However, the deeply divided5-4 Court and the likelihood of the protracted nature of the war on terrorsuggest that debate around these important questions will continue. Writing theFinal Paper in this course will prepare you to participate intelligently as acitizen in this ongoing debate.

Write an essay about the right of habeascorpus in the context of the war on terror. Your essay should address thefollowing subtopics:

  1. Explain the historical evolution of habeas corpus, includingits English and American traditions. The explanation of its evolution within theAmerican tradition should include the general meaning of the right of habeascorpus in the U.S. Constitution and its relationship to the protection of othercivil liberties.
  2. Provide examples from U.S. history of the suspension of habeascorpus and their applicability to the present.
  3. Analyze the relevance of habeas corpus to the contemporary U.S.situation during the war on terror, especially with respect to personscharacterized by as enemy combatants or illegal combatants.
  4. Explain the U.S. Supreme Court’s interpretation of the right ofhabeas corpus with respect to enemy combatants or illegal combatants (i.e., theviews of the five justices making up the majority in Boumediene v. Bushas well as the views of the four dissenting justices).
  5. Evaluate a minimum of four perspectives on this topic expressedby justices of the Supreme Court, leaders in other branches of government, andcommentators in both the academic and popular media. Your evaluation shouldconsider perspectives on the following topics as they relate to habeas corpus:
    1. The role of the President as Commander-in-Chief.
    2. The role of Congress in determining when habeas corpus can besuspended.
    3. The role of the Supreme Court in protecting civil liberties,including the judicial philosophy which should guide the Court in this role, and
    4. In your evaluation, you should also include your personalphilosophy, values, or ideology about the balance between civil liberties andnational security in the context of an unending war on terror.

Follow these requirements when writing theFinal Paper:

  1. The body of the paper (excluding the title page and referencepage) must be at least 1,500 words long.
  2. The paper must start with a short introductory paragraph whichincludes a clear thesis statement. The thesis statement must tell readers whatthe essay will demonstrate.
  3. The paper must end with a short paragraph that states aconclusion. The conclusion and thesis must be consistent.
  4. The paper must logically develop the thesis in a way that leadsto the conclusion, and that development must be supported by facts, fullyexplained concepts and assertions, and persuasive reasoning.
  5. The paper must address all subtopics outlined above. At least20% of the essay must focus on subtopic five, listed above (your evaluation ofperspectives on the topic).
  6. 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, andreliable websites or videos).
  7. Use your own words. While brief quotes from sources may beused, altogether the total amount of quoted text must be less than five percentof the body of your paper.
  8. When you use someone else’s words, they must be enclosed inquotation marks followed by an APA in-text short citation (author, year, andpage) to your source. The in-text citation must correspond to a full APAcitation for the source on the reference page at the end of the essay.
  9. When you express in your own words someone else’s ideas,arguments or facts, your statement must be followed by an APA in-text shortcitation (author, year, and page) to your source. The in-text citation mustcorrespond to a full APA citation for the source in the reference page.
  10. The form of the title page, the body pages, and the referencepage must comply with APA style. Additionally, the title page must include thecourse number and name, the instructor’s name, and the date submitted.
  11. 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 inpeer-reviewed journals or other sources that are considered to have reliableinformation. In addition to your required course text, you need at least sevenscholarly sources, three of which must be peer-reviewed journal articles fromthe Ashford Online Library.

Academic research papers must meet university level standards ofquality. 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 ofstudy)
  • Peer-reviewed journal articles (journal articles reviewed byrecognized experts in the relevant field of study).
  • Educational and government websites (those ending with a webURL suffix of .edu or .gov) may be appropriate in some cases but should beevaluated carefully.

Please visit the AcademicResearch section on your course homepage (accessible through the StudentResponsibilities and Policies tab on the left navigation toolbar) to review whattypes of materials are not acceptable for academic, university levelresearch.

The paper must be at least 1,500 words in length and formattedaccording to APA style. Cite your sources within the text of your paper and onthe reference page.

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