Habeas corpus is a way of determining whether those that are jailed have been jailed through the legal processes and if the reason behind the jailing is legal. This paper will discuss how the administration led by Bush kept prisoners at GITMO during the war on terror. The civil rights of the prisoners were never considered since the place where they were kept was beyond the reach of the constitution of the United States of America. It was the duty of the Supreme Court to protect the rights of the prisoners by the use of Habeas Corpus and given orders of the shutting down of GITMO facility.
Habeas Corpus in English Traditions
The effect of Habeas Corpus was first felt when the law of Anglo-Saxon …show more content…
This was in the year 1801 when the then president of the United States mentioned it in his speech. The president said that the people of the United States of America would be protected by Habeas Corpus so that they could continue enjoying their freedom. It was then put in the constitution of the country where it is still being used in the present day in the United States of America. Habeas Corpus has adapted the same tradition as that of the England whereby it ensures that people are imprisoned legally and for a legal reason (Gregory, …show more content…
The generals wanted military courts to be set up so that he could rein over his opponents politically. Abraham Lincoln allowed for the imprisonment of military people, prisoners captured during war and those that were suspected to be spies. Anyone suspected to be a traitor was also held for the whole period of war without being put into trials hence not considering their civil liberty.
Habeas Corpus had also been suspended by the president of the confederation, Jefferson Davis. The suspending happened in the Confederate States of America. Jefferson wanted to maintain order in the confederacy and facilitate the industrialization of the South. The suspension of Habeas Corpus by Jefferson was to ensure that the losses it had inflicted are compensated. The congress also met and passed a bill asking for the suspension of Habeas Corpus using its authority. Lincoln exercised his power through the authority of the congress and suspends Habeas corpus once more (Federman, 2012).
Relevance of Habeas Corpus to the United States