Writ Of Habeas Corpus Analysis

The war on terror has brought forth various unexpected challenges for the United States. In many instances, as history has shown, the minority of those with power have imposed their own self-interest upon the majority of people with little to no power. To combat the abuse of such power, the Writ of Habeas Corpus was written into the Constitution to provide rights to individuals who have been accused of a crime, although select Presidents have found ways to circumvent that right and assert their presidential prerogatives in times of crisis. The most recent battle that has caused much strife in our nation is the War on Terror. Following September 11, 2001, the United States government has demonstrated its unchecked power to detain suspect …show more content…
In Latin terms, habeas corpus literally means, “You have the body.” The interpretation of the meaning of the term has evolved over time, but its true meaning still comes with an aspect of uncertainty. The idea of Habeas Corpus was first introduced in 1679 by King Charles II, and was known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, a procedural device to force the courts to examine the lawfulness of a prisoner's detention. (Charles II, 1679). In the Constitution of the United States, the writ of habeas corpus was adapted to give individuals the right to due process, and is said to not be able to be suspended unless in cases of rebellion or invasion in which the public safety may require it. This particular definition is the main point of controversial actions among a few of our …show more content…
The second instance of presidential assertion of executive power over the writ of habeas corpus occurred when President Grant declared a “war” in South Carolina against the Ku Klux Klan. His intentions were for members of the KKK to be arrested and imprisoned with no hope of being released from captivity through due process or sympathizing legislators. The most recent instance of the circumvention of the writ of habeas corpus occurred when President George Bush declared that prisoners at Guantanamo Bay could be detained indefinitely without rights of due process because they were combatants of the United States, and not citizens. This decision was very controversial because many believed that it was unconstitutional and that it violated the basic human rights of the human beings imprisoned