The War in Terror
During times of war the role of the president’s is responsible for martial law. The military plays a role in the martial law because it is too make sure everything is governed correctly. Habeas Corpus is established so that a person can know what their charge is. However, if the defendant claim is denied the Supreme Court will take control over the trial. The United States has being the target of several terror attacks. Habeas corpus is an important civil right that should be given to those accused of committing acts of terror.
The writ of Habeas corpus is established for any prisoner that is brought before a judge. The writ justifies the defendant to stand trial. If the defendant denied the trial however, the judge will dismiss the trial. Under the US constitutional law the American celebrates the Habeas corpus liberties under a safe guard to give all terrors a chance to attend their trial. Since, June 2004 and 2008 the Habeas corpus has being change because of matter of the trail and historical interest which lead to the Supreme Court to decide about the trial.
Habeas case can interact with three interconnected and they are judicial jurisdiction, ordering their release such as ended the trail if the terror that does not show up for their case, and to see if the terrors are enemy combatant of the United States as when terrors attacks the United States. The noncitizen should hold their trial in Guantanamo Bay, Cuba were the Habeas corpus plays a role in which gives them the authority to stand trial. When congress tried to interfere with the Habeas corpus this is when Boumediene step in and let people know congress interfere with the Suspension Clause of Article 1.
Therefore, in the United States the Habeas corpus cannot be suspended unless it invasion the public safety. The Supreme courts are looking for important information about the terrors. However, the court has left many unsolved question about the noncitizens that was taking up through the Habeas corpus. The enemy combatant is executive through detention with the habeas corpus. Under the bush administration the enemy combatant is a little more capaciously. This is for terror that attack the United States and Bush feel as if it is capaciously and engage in hostilities against the United State.
The Obama administration has obtain for the enemy combatant to detain without a trial. This administration is also for terrors that attack the United State as well. “The Supreme Courts has not yet said whether any broader definition of the class of permissible detainees than the one that it used in Hamdi would be legally and constitutionally acceptable and, if so, where it will draw the line. ” Fallon Jr. , R. (2010). The Supreme Courts has not being comfort with the Bush administration because of the detain suspect in Guantanamo Bay in Cuba which lead to many people being arrested for the wrong reason and no evidence.
However, in the aftermath of this entire event, the supreme courts realized that the Habeas Corpus Act of 1863 which laid down the provisions for the suspension of the rights can prove to be harmful for a large majority of people who could be arrested. “In 2002 Lakhdar Boumediene and five other Algerian natives were seized by Bosnian police when US. Intelligence officers suspect their involvement in a plot to attack the U. S. embassy there. “ Oyez. (2008). Boumediene v. Bush. However, this leads Boumediene to file a Habeas corpus on the United States which deals with the international law because a person has the right to plead their trial.
The United States feels as if the men were enemy combatant to the United Sates and this lead the United States to detain them at the Guantanamo Bay. In 2006 the Congress passes the law that application Habeas corpus should be hear when they are being detained. The act that Congress pass was the Military Commissions Act to give terror the right to detain their right during trial. The Constitutional rules do not apply outside of the United States. Obama is against the Guantanamo bay which he will not sign in law. The Guantanamo bay is for enemy combatant that has being capture on the battle field.
The presidents have the power to deny anything he feels that can be harsh to the United States. From my perspective I feel as if the United States should keep the Habeas corpus law because who want to sit in jail and never be trail. The Habeas corpus is still giving terrorism a chance to stand trial and giving them a chance to plead their case. The Warren court plays a part in expanded Civil rights, civil liberties, and judicial power because they disagree about liberals goals. The Supreme Courts plays an important role in protecting the Civil liberties.
The restriction of civil liberties to protect citizens from terrorist attack is one of the most controversial facing Americans today. The Supreme Courts is willing to give some indication on foreign policy. The two branches government has had a major problem dealing with war and terror. “The Supreme Court has said that Congress has an indispensable role to play in establishing democratically legitimate policy in counterterrorism. ” Anderson, K. (2006). Congress has the power to step in and finish anything that is not right.
Democratically has established to plan war on terror and this would lead to a trade off on national security and policy. Under the bush administration he does not accept any elements on counterterrorism. The new administration was use during the 9/11. The Bush administration is for more supported information and for good faith about the attack on 9/11. The Supreme Court has ruled that clients can go forward with the Habeas corpus. Congress plays a major role in everything that happen in the United States so however, congress attempt to overturn the decision.
In Boumediene vs. Bush the court suggest terrors to detain at Guantanamo bay have the constitutional right to go for a petitions for habeas corpus in the United States federal court. The Supreme Court gave a suspension clause to detention the terrors and challenges their detention. “The gravity of the separation-of-powers issues raise by these cases and the fact that these detainees have been denied meaningful access to a judicial forum for a period of years render these cases exceptional. ” Garcia, M. (2008).
The president has the power to issue an Executive military power which gives them the ability to use on terrors. However, these power give the president unlawful combatant to certain their rights respectfully? Also the Congress passed the Military Commission Act 2006 so it gives the president the power to use the act if they want to. Even though the united States have being under several attacks they still giving terror the ability to plead their cause. When we were attack on 9/11 it was a tragedy to the nation. However, many people lost their love ones during this attack.
The 9/11 attack had many American people in fear because of the tragedy that happen in New York. When this happen to the United States many of our naval bases had to play a role in this war and go across sea and fight against the people who declare war on the United State. Any country should not have the ability to come to another country to destroy people life and leave their love ones left behind. However, war should come to an end because many people have lost their life and many love ones has lost their love ones from fighting in the war in Afghanistan.
The war has ended now because I believe the United States have captured the man they wanted. Habeas corpus is something nice that United State came up with because they still showing their care for the people who still come and attack our nation and this is giving them the ability to stand trial and plead their case against any situation they feel is not right. The Habeas corpus should not be suspended because every have a right to be trial and know what they have being trial for. A person does not want to sit in jail and do not have a clue way they is sitting in jail.
The constitutional has many rules in there that do not make sense but this civil right should always stand in the United State. A person need to know their right and need to be treat for what they have did to hurt a another person. The president plays a major role in making sure the United States is not under any attack. Bush play his part when he was in office because he did see who cause the attack in New York and troops did come in to help fight for our country. Every country should have the Habeas corpus law in their country.