Habeas Corpus and the Use of Military Tribunals Essay -- American Hist

Habeas dealer and the Use of Military TribunalsIn America to a lower place the Threat of TerrorismIntroductionIt was on this date one speed of light forty two years ago (April 25, 1861), that President Abraham Lincoln move a letter to Lt. General Winfield Scott authorizing the suspension of The Privilege of the Writ of Habeas Corpus . Lincoln had been president for less than two months and was facing, what was up to that time and arguably may still be the greatest threat to the survival of the linked States since the Founding Fathers launched this Great Experiment. Only eleven days forward Major Robert Anderson, the commander of the federal garrison at Fort Sumter, mho Carolina, had to surrender the fort to the Confederate Army. Lincoln was reluctant to issue such(prenominal) an order but had done so as he face up the very real possibility that the Maryland legislature would convene and take feat to arm the people of that state against the people of the United States .Thus began the runner of several occasions in our nations history where a president when faced with a clear and present danger to our field security has had to balance fulfilling his oath to preserve, protect and defend the Constitution with the let to have any detainment reviewed by a judge or magistrate of suitable jurisdiction. Problem StatementHow far may law enforcement officials go in compromising elegant liberties to enhance national security? What does the Constitution label with respect to the suspension of the civil liberties in times of national soupcon? How has the U.S. Supreme cost interpreted the constitution with respect to the suspension of habeas principal sum? Few citizens would disagree that national security is a legitimate utilisation of government. First and fore well-nigh, our national government is responsible for the protection of life, then liberty. The most ardent champions of the Bill of Rights concede that it would be foolish to treat civil libertie s as inviolable when the lives of innocent thousands are at stake. U.S. Supreme Court Justice Robert H. Jackson, dissenting in a free speech case, gave these speech communication of warning regarding civil libertiesThe choice is not between order and liberty. It is between liberty with order and anarchy without either. There is danger that, if the Court does not temper its doctrinaire logic with a little practical wisdom, it volition c... ...lue Freedom. Or it can be an indictment of our fear if we abrogate the liberties so much cherished and so dearly paid for.BibliographyRehnquist, William H. All the Laws just One, New York Alfred P. Knopf, 1998Blacks Law Dictionary. Abridged Seventh Ed., p. 569, wolfram Group, St. Paul, MN (2000) Garret, Buck The Unconstitutionality of Time Limits Placed on The Great Writ, captive of War in America - http//www.nov.org/garret.May97.htmRembar, Charles. The Law of the Land The Evolution of Our healthy System, pp.141 -156, Simon and Schuster, New York, (1981)Kleinfeld, Joshua. The Union Lincoln Made, p. 24, History Today, Vol. 47, no 1997.Authorities and Cases CitedU.S. Constitution, expression 1, 9Terminiello v. Chicago, 337 U.S. 1 (1949)Ex Parte Milligan, 71 U.S. 2 (1866)Ex Parte Quiran, 317 U.S. 1 (1942)Ashcroft, John. Statement to the Press re The Capture of Jose Padilla, July 10, 2002 Padilla v. Bush, et al., 233 F. Supp. 2d 564 (S.D.N.Y. 2002)Padilla v. Rumsfeld. 233 F. Supp. 2d 564, No. 02 Civ. 4445, 2003 U.S. Dist. (S.D.N.Y. Mar. 11, 2003)Padilla v. Rumsfeld. 233 F. Supp. 2d 564, No. 02 Civ. 4445, 2003 U.S. Dist. (S.D.N.Y. Apr.9, 2003)