Suspend Habeas Corpus

Improved Essays
Show More
The Next President Should Not Suspend The Writ of Habeas Corpus
According to the constitution of the United States, Article 1, Section 9, clause 2 states “The privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or the invasion the public safety may require it.” Our understanding to this statement is that habeas corpus should be in-effect all the time not unless it is needed to be disclose due to a war or for the safety of all human beings. The writ of habeas corpus has the power to protect someone’s life and it could also negatively affect a person’s life. For instance, this writ allows a person who committed a crime to know why he or she is being held back behind the bars. In times of during war, …show more content…
Recently in the Philippines, Senator Richard Gordon offered President Duterte to suspend the writ of habeas corpus. According to VJ Bacungan, a reporter who wrote “What is the writ of habeas corpus?” under CNN Philippines, said that “Last week, President Rodrigo Duterte declared a nationwide state of emergency on account of lawless violence that Chief Presidential Legal Counsel Salvador Panelo said will help the government fight its wars against drugs and terrorism.” Considering this, President Duterte as the president of the Philippines have the authority to suspend the writ of habeas corpus to fight against the war on drugs and terrorism. For instance, he holds this much power because he is the …show more content…
Lincoln suspended the writ of Habeas Corpus. He worried that if Maryland joined Virginia and seceded from the Union, the nation's capital would be stranded amid hostile states. Bush also suspended Habeas Corpus as a result of 9/11. He did so, so the people of America would be kept safe from terrorists. Although, in times of no emergency, innocent people may get convicted for crimes they haven’t committed. The article “Lincoln Crackdown” states that “On April 19, 20,000 Confederate sympathizers in Baltimore tried to stop Union troops from traveling from one train station to another en route to Washington, causing a riot. So on April 27 Lincoln suspended the habeas corpus privilege on points along the Philadelphia-Washington route. That meant Union generals could arrest and detain without trial anyone in the area who threatened "public safety." Which means that there was riots happening that caused chaos, so Lincoln suspended the writ of Habeas Corpus. When he suspended it, the people that were threatening public safety were arrested and didn’t had the “Liberty” to ask for the Writ of Habeas Corpus. But, there’ll be people that would’ve been arrested for not giving the exact reason why; which is a con of suspending it. Also, President Bush suspended Habeas Corpus as a result of 9/11. In the article, it states that, on Oct. 17, 2006, President Bush signed

Related Documents

  • Improved Essays

    Mempa Vs Rhay Case Analysis
    • 415 Words
    • 2 Pages

    Mempa Vs Rhay Case Analysis

    In Mempa v. Rhay, Jerry Douglas Mempa had pleaded guilty to joyriding, which then resulted in Mempa being on probation for a number of two years. Mempa’s case was then deferred but approximately four months later, he was then charged with burglary. Mempa’s probation was revoked, due to the burglary charge, and during the revocation process, Mempa had no counsel to represent him, was not offered the option of having counsel to represent him, nor asked of his previous court-appointed counsel. He plead guilty to the burglary charges and was sentenced to 10 years maximum, in compliance to Washington State Law ("Mempa v. Rhay 389 U.S. 128 (1967)", 2017). Within six years, Mempa sought a writ of Habeas Corpus because he was denied counsel during…

    • 415 Words
    • 2 Pages
    Improved Essays
    Read More
  • Great Essays

    Scarpelli Case Summary
    • 875 Words
    • 4 Pages

    Scarpelli Case Summary

    Criminal Justice Name: Institution Affiliation: Criminal Justice 1. Case Summary Question 1: Facts, issue, and court holding in case of Gagnon v. Scarpelli Facts. The defendant (Scarpelli) pleaded guilty in the year 1975 to an armed robbery change in the state of Wisconsin (Del & Trulson, 2006). Scarpelli was sentenced to 15 years in prison.…

    • 875 Words
    • 4 Pages
    Great Essays
    Read More
  • Improved Essays

    Emancipation Proclamation Dbq
    • 412 Words
    • 2 Pages

    Emancipation Proclamation Dbq

    Before the Emancipation Proclamation went into effect, Lincoln had to deal with some issues he did not agree with; for example, Congress passed the First and Second Confiscations Acts. The First Confiscation Act was not very explicit when it came to the freedom of slaves, but it allowed the Union army to seize any rebel property and since slaves were considered property they were able to take them. The Second Confiscation Act was set forth to punish treason and rebellion against the United States and anyone charged with treason would be put to trial. However, Lincoln did not like this as he felt this violated Article III, section 3 of the Constitution. He felt this way because Congress could only punish those who were corrupt throughout their…

    • 412 Words
    • 2 Pages
    Improved Essays
    Read More
  • Improved Essays

    The Historiography Of Andrew Jackson
    • 800 Words
    • 4 Pages

    The Historiography Of Andrew Jackson

    Summary Andrew Jackson, the man who set out plans that would usually send men floundering in panic, became a war hero during the War of 1812, shattered the Second Bank of the United States, removed national debt, and dominated over the Supreme Court. Historian and author, Matthew Warshauer of Andrew Jackson and the Politics of Martial Law, Nationalism, Civil Liberties and Partisanship claims that then Major General Andrew Jackson believed it was crucial to declare “martial law and suspend the writ of habeas corpus” in order to win the battle of New Orleans. However, as Washauer claims, by doing so, Andrew Jackson became the first American general to suspend civil liberties. Through this monograph, Washauer tells the tale of Andrew Jackson’s…

    • 800 Words
    • 4 Pages
    Improved Essays
    Read More
  • Great Essays

    My Favorite Court Case: Miranda Vs. Arizona Case
    • 1860 Words
    • 8 Pages

    My Favorite Court Case: Miranda Vs. Arizona Case

    I choose to do my research paper on one of my favorite court cases in American history Miranda vs. Arizona case. I’m choosing this court case because it brings up two amendments that tend to be overlooked by law enforcement comes around and one of the most well-known sayings. First I will be giving a quick background about those two amendments and then I will start talking about the case. The issues about this case involved the fifth and sixth amendment. Let me explain both of these amendments.…

    • 1860 Words
    • 8 Pages
    Great Essays
    Read More
  • Improved Essays

    Emancipation Rhetorical Analysis
    • 503 Words
    • 3 Pages

    Emancipation Rhetorical Analysis

    However the emancipation would have a much more direct and relevant effect at the time it was enacted, that is establishing that the elimination of slavery was just as significant as preserving the union in the context of the war. A similar situation presented itself regarding Lincoln's use of executive power in a state of war, but in a modern context, following the September 11th terrorist attacks. President Bush authorized the use of domestic surveillance on U.S citizens without their knowledge, that many saw as unconstitutional, and a abuse of presidential power. This bears a similarity with President Lincoln during the Civil war, who suspended the writ of habeas corpus and made extensive use of his war powers, for the what was the effort to preserve the Union at any cost. Emancipation through war may been seen as radical at first,yet it would become in the eyes of many Republicans, a worthy justification for the sacrifices and struggles endured during the war.…

    • 503 Words
    • 3 Pages
    Improved Essays
    Read More
  • Great Essays

    The Bill Of Rights: Zeitoun By Dave Egger
    • 1626 Words
    • 7 Pages

    The Bill Of Rights: Zeitoun By Dave Egger

    The Bill of Rights are the first 10 Amendments of the Constitution. It was created to exclude governmental power over citizen’s rights. The Bill of Rights is a protection for an individual’s liberty. For example, the amendment’s guarantee a person’s freedom of speech, religion, and press; arranges rules for due process of law; reserves all power not substituted to the Federal Government, to the people or the states; etc. But imagine the government no longer granted you those rights, stripping them away from you.…

    • 1626 Words
    • 7 Pages
    Great Essays
    Read More
  • Improved Essays

    Sedition Dbq
    • 1050 Words
    • 5 Pages

    Sedition Dbq

    Throughout American history, times of crisis called for the renouncement of civil liberties, predominantly freedom of speech, to promote the safety of the country overall. John Adams passed the Sedition Act in 1798 in the midst of the Quasi War between France and the US, which curtailed freedom of speech. During WWI, a descendent of this legislation reared its ugly, controversial head when President Wilson passed the Espionage Act of 1918, which also punished any traitorous rhetoric or criticism of the federal government with fines and possible incarceration.…

    • 1050 Words
    • 5 Pages
    Improved Essays
    Read More
  • Improved Essays

    Two Presidencies Theory
    • 876 Words
    • 4 Pages

    Two Presidencies Theory

    While the president is able to pass executive orders to change policy, these orders may be defunded by congress, counteracted by congressional legislation, or deemed unconstitutional by the Supreme Court. In addition, although a president is able to veto legislation, if a president continually vetoes legislation, the public may not look on him/her favorably, which would impact their electability. These factors seem to limit the president’s power greatly; however, so long as the president’s executive order is not unconstitutional, the president still wields remarkable power, as Congress would need a majority opposition in order to defund the president’s executive order. Furthermore, many of the president’s constituents could be swayed if the president were to deliver a speech concerning the necessity of his executive order. The executive branch, being the largest branch in government, requires that the president divides his power among the vice president, department heads, and heads of independent agencies in order to accomplish all of the administration’s tasks.…

    • 876 Words
    • 4 Pages
    Improved Essays
    Read More
  • Improved Essays

    Magna Carta's Influence On Society
    • 782 Words
    • 4 Pages

    Magna Carta's Influence On Society

    The Magna Carta was an influential, historical document that impacted society in several ways. It was signed by the British King John. The King signed it, unaware of all rights he was giving up. The Magna Carta was basically 63 grievances of the noblemen in Britain. The Magna Carta was just as impactful now as it was then.…

    • 782 Words
    • 4 Pages
    Improved Essays
    Read More
  • Superior Essays

    The Pros And Cons Of The United States Constitution
    • 1281 Words
    • 6 Pages

    The Pros And Cons Of The United States Constitution

    This power has been used as a justification for many laws over the years, and each time it is invoked it seems to be more of a stretch than the last. Stretching the constitution could be a dangerous precedent, thus, even the most specific piece of the constitution is too…

    • 1281 Words
    • 6 Pages
    Superior Essays
    Read More
  • Superior Essays

    Alexander Hamilton's Interpretation Of The Constitution
    • 1154 Words
    • 5 Pages

    Alexander Hamilton's Interpretation Of The Constitution

    However, as Breyer points out, different judges emphasize, on different levels, the consequences, history, language, and purpose when interpreting a statute or the Constitution (Breyer 297). It is crucial to respond to the issues the American people are facing; nonetheless, the rights provided to Americans in the Constitution cannot be taken away. However, they should be limited to protect the American people from facing the harrowing consequences of violence amendments in the Constitution allow. I would suggest a test, like the nature of the Miller Test, to see if a law or statute is taking away the full Constitutional right of an American. I believe that the test should be created by a new committee in Congress, or of a committee of independent historians selected by the Executive Branch.…

    • 1154 Words
    • 5 Pages
    Superior Essays
    Read More
  • Decent Essays

    Essay On Fifth Amendment
    • 463 Words
    • 2 Pages

    Essay On Fifth Amendment

    A government’s success is defined by the way it treats its people. If the governing body does not allow basic freedoms to the public, the country will inevitably erupt in chaos and disorder. The people should be given their natural rights as citizens without contest from the authority, and the government should not be given absolute power over its people. This principle was a big factor that determined the ratification of the United States Constitution. Many people were against it because they believed it gave too much power to the oppressive government they tried so hard to fight during the American Revolution.…

    • 463 Words
    • 2 Pages
    Decent Essays
    Read More
  • Improved Essays

    Jackson's Three Tiered System
    • 803 Words
    • 4 Pages

    Jackson's Three Tiered System

    Lincoln closed the Southern ports and seized several boats before Congress had the chance to authorize the Civil War; in order to stop the South from getting imported goods to support the rebellion. Congress declared war with the South several months after the ports closures. The owners of the seized boats brought a suit, claiming the blockade was illegal. The Supreme Court ruled the blockade constitutional, because the President must be able to call out the military or navy when an invasion is imminent. Although, Congress acts alone when declaring war, the President must be able to stop the threat when Congress is not in session.…

    • 803 Words
    • 4 Pages
    Improved Essays
    Read More
  • Improved Essays

    Habeas Corpus Research Paper
    • 534 Words
    • 3 Pages

    Habeas Corpus Research Paper

    Military was required to inform all arrests to the federal courts. The Military must also discharge all prisoners not indicted promptly. Habeas Corpus were protecting everyone’s civil liberties during 1867 when Congress made a dramatic expansion to Habeas Corpus. Allowing protection to the freed slaves along with Union supporters. First example of the suspension of Habeas Corpus was back in the Civil War on April 27 1861 by Abraham Lincoln.…

    • 534 Words
    • 3 Pages
    Improved Essays
    Read More

Related Topics

Ready To Get Started?
Discover
Company
Follow
©2024 Cram.com
Privacy Policy |  About Ads |  Site Map |  Advertise  | 
  • Cookie Settings