Ashford 5: – Week 4 – Discussion 2
Your initial discussion thread is due on Day 3 (Thursday) and you have until Day 7 (Monday) to respond to your classmates. Your grade will reflect both the quality of your initial post and the depth of your responses. Reference the Discussion Forum Grading Rubric for guidance on how your discussion will be evaluated.
Habeas Corpus and the War on Terror
Soon after the U.S. invasion of Afghanistan in 2001, the Bush administration developed a plan for holding and interrogating prisoners captured during the conflict. 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 to 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.
Before writing your initial post, review the assigned resources. To easily access the resources from the Ashford University Library, please see the table located in the Course Materials section.
The purpose of this forum is for you to share and discuss with classmates your understanding of some of the academic literature about this subject in order to help you write the Final Paper in the course. Your initial post will have two parts. Fully respond to both parts of the question, and write in your own words.
By Day 7, respond to at least two of your classmates’ initial posts. Your peer responses each must be at least 75 words. They must demonstrate critical thinking. Offer ideas about the question your peer asks in his or her initial post. Give your peers feedback about their proposed thesis.
Sutton, J. (2012, April 19). Two Guantanamo Uighur prisoners head to El Salvador. Chicago Tribune News. Retrieved from http://www.chicagotribune.com/news/sns-rt-us-usa-guantanamo-salvadorbre83i1ha-20120419,0,1170410.story
101papers.com is always working towards customer satisfaction. Our professional academic writers always aim at producing comprehensive papers that possess quality and originality at pocket-friendly prices. Students are assured that all their private information is safe with us.
101papers.com provides a system where students can request for money-back in case they cancel the order or in the rare instances of dissatisfaction. The refund policy adheres to the company’s term and conditions on money-back.Read more
While providing the best professional essay writing services, we guarantee all our students of plagiarism-free papers. All papers produced by our professional academic writers are checked against all web resources and previously completed papers to avoid plagiarism.Read more
In our urge to provide the best professional essay writing services, we guarantee students of free revision policy. The free revision policy is a courtesy service where students can request for unlimited for their completed papers. We always aim at achieving 100% customer satisfaction rates. The free revision policy is one among many of our major advantages.Read more
At 101papers.com, every student is entitled to total security. Our professional academic writers are always committed to protecting all private information of our customers. We do not share any personal information with third parties. Additionally, we provide safe systems for all online transactions.Read more
Working with us is the greatest step towards achieving all your academic goals. We always deliver the best professional essay writing services as promised. We, therefore, expect all students to work cooperatively with us, as we work towards achieving our goal, your satisfaction. This way, all services will be delivered accurately and on time.Read more