Civil Liberties, Habeas Corpus, and the War on Terror

The final assignment for this course is a Final Paper. The purpose of the
> Final Paper is to give you an opportunity to apply much of what you have
> learned about American national government to an examination of civil
> liberties in the context of the war on terror. The Final Paper represents
> 20% of the overall course grade.
>
> Soon after the U.S. invasion of Afghanistan in 2001, the Bush
> administration developed a plan for holding and interrogating captured
> prisoners. They were sent to a prison inside a U.S. naval base at
> Guantanamo Bay, on land leased from the government of Cuba. Since 2002,
> over 700 men have been detained at Gitmo. Most have been released without
> charges or turned over to other governments. In 2011, Congress specifically
> prohibited the expenditure of funds to transfer Gitmo prisoners to
> detention facilities in the continental United States, making it virtually
> impossible to try them in civilian courts. As of April 2012, 169 remained
> in detention at Gitmo (Sutton, 2012).
>
> An assumption made by the Bush administration in selecting this location
> was that it was beyond the jurisdiction of U.S. courts. The administration
> wanted to avoid any judicial oversight of how it handled detainees,
> characterized as enemy combatants. A possible legal challenge to indefinite
> detention with no formal charges or judicial proceedings might arise from
> the habeas corpus provision of the Constitution.
>
> 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.
>
> Write an essay about the right of habeas corpus in the context of the war
> on terror. Your essay should address the following subtopics:
> Explain the historical evolution of habeas corpus, including its English
> and American traditions. The explanation of its evolution within the
> American tradition should include the general meaning of the right of
> habeas corpus in the U.S. Constitution and its relationship to the
> protection of other civil liberties.Provide examples from U.S. history of
> the suspension of habeas corpus and their applicability to the
> present.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.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).Evaluate a minimum of four perspectives on
> this topic expressed by justices of the Supreme Court, leaders in other
> branches of government, and commentators in both the academic and popular
> media. Your evaluation should consider perspectives on the following topics
> as they relate to habeas corpus:The role of the President as
> Commander-in-Chief.The role of Congress in determining when habeas corpus
> can be suspended.The role of the Supreme Court in protecting civil
> liberties, including the judicial philosophy which should guide the Court
> in this role, andIn your evaluation, you should also include your personal
> philosophy, values, or ideology about the balance between civil liberties
> and national security in the context of an unending war on terror.Follow
> these requirements when writing the Final Paper:
> The body of the paper (excluding the title page and reference page) must be
> at least 1,500 words long.The paper must start with a short introductory
> paragraph which includes a clear thesis statement. The thesis statement
> must tell readers what the essay will demonstrate.The paper must end with a
> short paragraph that states a conclusion. The conclusion and thesis must be
> consistent.The paper must logically develop the thesis in a way that leads
> to the conclusion, and that development must be supported by facts, fully
> explained concepts and assertions, and persuasive reasoning.The paper must
> address all subtopics outlined above. At least 20% of the essay must focus
> on subtopic five, listed above (your evaluation of perspectives on the
> topic).Your paper must cite at least three academic articles (excluding the
> course textbook) and at least four other kinds of sources (e.g., Supreme
> Court opinions, magazine or newspaper articles, the course textbook, and
> reliable websites or videos).Use your own words. While brief quotes from
> sources may be used, altogether the total amount of quoted text must be
> less than five percent of the body of your paper.When you use someone
> else’s words, they must be enclosed in quotation marks followed by an APA
> in-text short citation (author, year, and page) to your source. The in-text
> citation must correspond to a full APA citation for the source on the
> reference page at the end of the essay.When you express in your own words
> someone else’s ideas, arguments or facts, your statement must be followed
> by an APA in-text short citation (author, year, and page) to your source.
> The in-text citation must correspond to a full APA citation for the source
> in the reference page.The form of the title page, the body pages, and the
> reference page must comply with APA style. Additionally, the title page
> must include the course number and name, the instructor’s name, and the
> date submitted.The paper must use logical paragraph and sentence
> transitions, complete and clear sentences, and correct grammar, spelling,
> and punctuation.For this paper you need to do research in peer-reviewed
> journals or other sources that are considered to have reliable information.
> In addition to your required course text, you need at least seven scholarly
> sources, three of which must be peer-reviewed journal articles from the
> Ashford Online Library.
>
> Academic research papers must meet university level standards of quality.
> What constitutes quality, academic research?
>
> Primary sources written by experts in the field of studySecondary sources
> supported by research in primary sourcesCredible sources (experts in the
> area of study)Relevant research (materials are pertinent to the area of
> study)Peer-reviewed journal articles (journal articles reviewed by
> recognized experts in the relevant field of study).Educational and
> government websites (those ending with a web URL suffix of .edu or .gov)
> may be appropriate in some cases but should be evaluated carefully.Please
> visit the Academic Research section on your course homepage (accessible
> through the Student Responsibilities and Policies tab on the left
> navigation toolbar) to review what types of materials are not acceptable
> for academic, university level research.
>
> The paper must be at least 1,500 words in length and formatted according to
> APA style. Cite your sources within the text of your paper and on the
> reference page. For information regarding APA, including samples and
> tutorials, visit the Ashford Writing Center within the Learning Resources
> tab on the left navigation toolbar.
>