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. Weegy:
This would be Abraham Lincoln who suspended Habeus Corpus.
] ]Auto answered|Score .5767|keath1219|Points 171|User:
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). Weegy:
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.
] Auto answered|Score 1|aisonyu|Points 270|
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