Civil Liberties, Habeas Corpus, and the War on Terror
POL 201
April 15, 2013

Civil Liberties, Habeas Corpus, and the War on Terror

Civil liberties, Habeas Corpus, and the War on Terror have been the forefront of Congress since 2001 with the terrorist

attack against The United States. Although there have been many attacks before, none have hit the American people in

such a manner to question whether our civil liberties are at stake. As a member of the Armed Forces I swore to support

and defend the constitution of the United States against all enemies both foreign and domestic at all cost. A sense of

pride, loyalty and commitment engulfs me when I hear the words for equal justice and liberty for all when it comes to …show more content…

These “unlawful combatants” are not afforded immunity for their

hostile acts. [A petitioner must be treated as a prisoner of war until a competent tribunal has

decided otherwise, and that a military commission may not proceed with their trial. Although

250 detainees (including three children under the age of 16), 13 have been released from the

detention facilities at the U.S. Naval Station in Guantánamo Bay, Cuba, and some detainees are

being rewarded for cooperation with better living conditions while the status and treatment of

detainees who remain in custody continue to be a source of contention] (“Enemy Combatants”

Journal, Wuerth). Although the President has inherent power under the Commander-in-Chief

Clause Article II to take measures he deems appropriate during wartime, he uses The law of war

principle. President Bush as well as past presidents having been using this to detain, convict or,

“(We understand Congress' grant of authority for the use of 'necessary and appropriate force' to

include the authority to detain for the duration of the relevant conflict, and our understanding is

based on longstanding law of war principles."); id. at 548-49 (Souter, J.)

Combat Status Review Tribunals (CSRT), which were established by the Defense

Department, were put into place for the sole purpose of