Habeas Corpus and the War on Terror Essay Example for Free

Habeas Corpus and the War on Terror Essay In this paper I will be diving in to the history of Habeas Corpus and how it has evolved over the years. I will briefly explain the origination of the habeas corpus, the role it plays in U. S. A and what current action is being taken about it. I will be also looking in to the Bush administration and the way they dealt with habeas corpus. The original purpose of habeas corpus was to bring people into court rather than out of imprisonment and by the year 1230, the writs utility for that purpose was a well-known aspect of English common law. Known as the Great Writ, its codification into English law came by way of Parliament in the Habeas Corpus Act of 1641, created in response to the King of Englands actions during what is now referred to as Darnells Case. In Darnell, five English noblemen were thrown into the castles dungeon deep for failure to support their countrys dual wars against France and Spain. The men filed suit, requesting the King provide an explanation as to their imprisonment. King Charles refused, on review; the court upheld the monarchys steadfast silence, stating that the law did not require the King to provide any justification for their detention. The public outcry against this decision was deafening, prompting Parliamentary action the following year. Parliament expanded habeas rights several years later with the Habeas Corpus Act of 1679, additionally requiring charges to be brought within a specific time period for anyone detained for criminal acts. By 1765, habeas corpus was firmly imbedded within the foundation of English law, as noted by William Blackstone, who described the Great Writ as a second magna carta, a stable bulwark of our liberties. This fundamental English right successfully traversed the Atlantic Ocean when our founders incorporated the doctrine of habeas corpus into the U. S. Constitution. As stated, 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. Known as the Suspension Clause, this provision specifically places the ability to suspend habeas corpus in the hands of Congress only during times of rebellion or invasion. Despite the clarity of the clause, the American debate on habeas corpus only begins at this point. The Great Writ of habeas corpus has long had an iconic status as the writ of liberty which ensured that no person could be detained in prison without being put to trial by a jury of his peers. According to the traditional version, popularized by Whiggish constitutional writers from the late seventeenth century onwards, the English constitution as embodied in the common law had, since time immemorial, striven to protect the fundamental rights of Englishmen and women, which included the right to personal liberty obban, M. Halliday, P. D. (2011). Habeas Corpus is an ancient common law prerogative writ a legal procedure to which you have an undeniable right. It is an extraordinary remedy at law. Upon proper application, or even on naked knowledge alone, a court is empowered, and is duty bound, to issue the Extraordinary Writ of Habeas Corpus commanding one who is restraining liberty to forthwith produce before the court the person who is in custody and to show because why the liberty of that person is being restrained. Absent a sufficient showing for a proper restraint of liberty, the court is duty bound to order the restraint eliminated and the person discharged. Habeas Corpus is fundamental to American and all other English common law derivative systems of jurisprudence. It is the ultimate lawful and peaceable remedy for adjudicating the providence of liberty’s restraint. Robertson. J, (2002). After the attacks of 11 September 2001, came the war in Afghanistan followed by the war in Iraq: a two-pronged engagement collectively known as the Global War on Terror As U. S. rmed forces captured enemy combatants by the M35 truckload, the Bush administration pondered how to systematically detain such persons in a manner that would provide adequate detention while maintaining intelligence-gathering capabilities vital to the war efforts. The answer was found on the island of Cuba: Guantanamo Bay. U. S. naval forces have occupied this site since 1903, and it seemed to provide the perfect solution. Relying on the Courts previous precedent in Johnson v. Eisentrager, govemment officials believed that keeping enemy combatants outside the realm of U.  S. territory would preclude such individual’s filing, among other things, claims for habeas corpus review. The govemments legal position was tested almost as quickly as the detainees arrived. Beginning in 2002, the United States transported captured enemy combatants to the area of Guantanamo Bay known as Camp X-Ray. Applications for writs of habeas corpus by Guantanamo detainees were made as early as February 2002. In Coalition of Clergy v. Bush, the U. S. District Court for the Central District of California first approached this issue in line with govemment expectations. Relying on Johnson v. Eisentrager, the court held that several U. S. citizens under the Coalition of Clergy, Lawyers, and Professors who had filed show cause petitions on behalf of enemy combatants held at Guantanamo Bay lacked standing to assert claims on behalf of the detainees. The court further concluded that, even if petitioners did have standing, this court lacked jurisdiction to entertain those claims. Moreover, the court found that no federal court would have jurisdiction over petitioners claims, so there is no basis to transfer this matter to another federal district court. Because Guantanamo Bay remained outside U. S. sovereignty, the case closely mirrored that of Eisentrager As a result, the United States failed to maintain jurisdiction and the court dismissed the petition. In response to the terrorist attacks of September 11, 2001, Congress passed the Authorization for Use of Military Force which grants the President power to use all necessary and appropriate force' against all who either participated in any way in those attacks or gave refuge to those who participated. Under this authority, the Department of Defense ordered several enemy combatants to be transferred to Guantanamo Bay for detention. In Hamdi v. Rumsfeld, a plurality of the Court recognized that the ability to detain individuals engaged in armed conflict against the United States was so fundamental and accepted an incident to war as to be an exercise of the necessary and appropriate force Congress has authorized the President to use. Notwithstanding this explicit sanction of detention, the Court held that the citizen-detainee seeking to challenge his classification as an enemy combatant must receive notice of the factual basis for his classification, and a fair opportunity to rebut the Governments factual assertions before a neutral decision maker. The Court suggested that this could be done by an appropriately authorized and properly constituted military tribunal. Pond, B. C. (2009). The rationale for the U. S. detention policy derives from the Bush administrations comprehensive military order issued on November 13, 001, which is intended to govern the Detention, Treatment, and Trial of Certain Non-Citizens in the War against Terrorism. Purportedly modeled after a proclamation and military order issued by President Franklin Delano Roosevelt during World War II, President Bushs military order limits the use of military commissions to any non-citizen for whom the president determines: is or was a member of al Qaeda, has committed, aided or abetted, or conspired to commit terrorist acts, or has knowingly harbored one or more of these individuals. Several months after the issuance of this military order, the administration began using the term enemy combatant to describe those subject to detention and trial by military commission. The administrations definition of enemy combatant, however, has varied over time. The administration sometimes uses the enemy combatant label as a term of art to describe a new and unique category of combatant in the post 9/11 world. On other occasions, the administration uses the term generically to describe what traditionally has been called lawful and unlawful combatants, while at other times the term is used synonymously with unlawful combatants. According to this definition, the term enemy combatant is not limited to war combatants alone, but includes anyone who has aided terrorist organizations fighting against the United States, including those who may have unwittingly given financial support to al Qaeda. The Joint Chiefs of Staff issued a slightly different definition of enemy combatant on March 23, 2005. According to Joint Publication 3-63, entitled Joint Doctrine for Detainee Operations, the term enemy combatant describes a new category of detainee and includes, but is not necessarily limited to, a member or agent of Al Qaeda, Taliban, or another international terrorist organization against which [the] United States is engaged in an armed conflict. Staab, J. B. (2008). Conclusion The premise behind habeas corpus as stated is to bring people into court rather than out of imprisonment. However in my opinion, during the Bush administration, they found a way around this law so as to not have to give a trial. While I want justice like the next person, I would not like to be in a situation where I am being held under the pretence that I a criminal without evidence or a trial. I am not saying that the people held were/are innocent, but I can’t help but to think we cannot be sure. I think that capturing these people were also done out of revenge and thus not urging anyone to think of their right. The 9/11 attack was gut ranching and frankly something I never want to experience again, so I do understand the need to talk less and carry a big stick. From an honest stand point, after 9/11 I was scared to do anything, while I am of no Middle Eastern decent, I look like an Indian person from India, that meant no one ask you where you are from when they look at you suspiciously. Even with all the rights I have in the U. S. A if I was suspected of being suspicious and someone higher and more powerful said that I had dealing with terrorists activities, no one will honestly believe me because of the way I look. Bring me to my point that without a trial we cannot tell for sure of the people being held in Cuba was innocent or guilty without a trail.

Killer Angels Essays -- essays research papers

The Killer Angels The Battle of Gettysburg brought the dueling North and South together to the small town of Gettysburg and on the threshold of splitting the Union. Gettysburg was as close as the United States got to Armageddon and The Killer Angels gives the full day-to-day account of the battle that shaped America’s future. Michael Shaara tells the story of the Battle of Gettysburg through the eyes of the generals and men involved in the action of the battle. The historical account of the Battle of Gettysburg gives the reader a chance to experience the battle personally and not the history book manner taught in schools. A historical novel gives the facts straightforward and provides no commentary by the people involved in history. The historical account of the Battle of Gettysburg, as seen in Killer Angels, provides the facts of the battle as seen through the eyes of Generals Robert E. Lee, Joshua Chamberlain, James Longstreet, and John Buford. The feelings and inner-thoughts of each General and the conditions of the battle are seen, heard, and felt by the reader in the historical account. Shaara takes historical license with letters, the words of the men, and documents written during the three hellish days of the battle. Shaara avoids historical opinion and provides his own opinion towards the Civil War and the people. The historical account of the Civil War, the Battle of Gettysburg specifically, in Killer Angels conveys the attitude to toward war, attitude towards the Civil War, and cause for fighting the war of General Robert E. Lee, Joshua Chamberlain, James Longstreet, and John Buford. General Robert E. Lee gained stoic and legendary status as the heart and soul of the South in the Civil War, but many did not know his reasons and feelings for fighting the war. War and the slaughter of others did not interest Lee and he felt compassion for the Union. Lee had contradictory feelings towards war and says, â€Å"He was not only to serve in it but he was to lead it, to make the plans, and issue the orders to kill and burn and ruin†¦he could not do that† (Shaara 263). The Civil War is not in the taste of General Lee, but feels it is his duty, and he cannot just stand by and watch the war pass him by. Michael Shaara says of Lee’s reason for fighting the Civil War â€Å", He found that he had no choice†¦Lee could not raise his hand against his own. And so what then? T... ...eiving recognition for saving the high ground and perhaps the battle. Colonel Joshua Chamberlain is given a brigade after the battle of Gettysburg but is wounded six times. He is regarded as one of the greatest soldiers in American history, and receives numerous medals for honor during the Battle of Gettysburg. Ulysses Grant gives him the honor of Major General for heroism and is chosen by Grant as the officer to receive the Southern surrender at Appomattox. Chamberlain is elected the governor of Maine and eventually elected President of Bowdoin College. He dies from his wounds in June 1914 at the age of eighty-three. General Longstreet asks to be relieved of command after the Battle of Gettysburg, but Lee makes him stay. After the war he blames Lee for the loss of Gettysburg, and this does not sit well with people. His theory of defensive war is very advanced for the time. He serves as President of Washington College until his death in 1904. General Lee remains the symbol of all that is proud and noble in the South. He asks to be relieved of his command but it is denied. After the war he asks for pardon from Congress and it is denied until 1970. Lee dies of heart disease in 1870.

Frank Lloyd Wright Versus Takao Akiyama Architecture Essay

Frank Lloyd Wright ( 1869-1959 ) – one of the monolithic designers in USA history. For more than seventy old ages of his calling, he has done for the development of modern architecture, more than any other creative person in the West. Wright has put frontward the rule of organic architecture – that is unity and is an inseparable portion of the human environment. He formulated the thought of continuity of architectural infinite, contrasted with articulation and underline selected parts in classical architecture. Based on this thought alleged â€Å" unfastened program † method is among the agencies used by all the currents of modern-day architecture. However, the influence Wright goes far beyond the laminitis and current, alleged organic architecture. Image 1 Froebel ‘s blocks Wright was born in June 8, 1867 in Richland-Center, Wisconsin, USA, in the household of William Russell Wright, a music instructor and church leader, and Anna Lloyd Wright, a instructor from a celebrated household in Wisconsin, Lloyd. He was raised in Unitarian church canons. As a kid played a batch with â€Å" developing † blocks â€Å" Kindergarten † designed by Friedrich Froebel ( see image 1 ) . These were geometrical forms from which could be assembled composings in different combinations and 3-dimensional signifier. And eventually, the books of Ruskin and Eugene Emmanuel Viollet-le-Duc influenced the hereafter of the designer, likely more than two old ages spent in the technology college of the University of Wisconsin, which he failed to complete. Wright ‘s parents divorced in 1885 because of the Wright ‘s male parent inability to back up the household. Wright was educated at place, non go toing school. In 1885 he joined the Faculty of Engineering at the University of Wisconsin. In university, he works parttime helper to a local civil applied scientist. Wright left the university without having a grade. In 1887 he moved to Chicago, where he settled in the architectural house of Joseph Lyman Silsbee, an disciple of eclectic method. A twelvemonth subsequently he joined the house of Adler and Sullivan, headed by well-known ideologist of â€Å" Chicago School † L. Sullivan. Since 1890 company has entrusted Wright all the undertakings on building of residential existent estate. But few old ages subsequently, in 1893 Wright had to go forth the company when Sullivan finds out that Wright designs houses on the side. In 1893 Wright founded his ain house in the Chicago suburb of Oak Park. By 1901 he has 50 undertakings in his list of work.Wright ‘s basic rulesIn the architecture Wright sought to incarnate an thought which importance goes beyond the specific type of edifice. Execution of this thought was connected with the survey of traditional Nipponese architecture, which Wright became interested in the 1890 ‘s. Nipponese house was as supreme illustration of how the designing should extinguish non merely unneeded, but even more, to except unimportant. In the American house he excluded everything what is fiddling and confounding. Wright did even more. In merely functional elements that frequently were unnoticed, he opened a antecedently concealed power of expressiveness, every bit good as the subsequent coevals of designers has revealed the concealed strength of look in design. Wright reduced to a minimal figure of necessary parts of the edifice and the figure of single suites in the h ouse, organizing an enclosed infinite as subdivided so that the whole was permeated the air and freely position, giving a feeling of integrity. Fallingwater is one of the most celebrated Wright ‘s undertakings ( see image 2 ) . It ‘s a state Villa, built in a wood near the brook. The basic rule of constructive and spacial construction of the building consists in the fact that convergences are strengthened concrete cantilever slabs stick outing from the cardinal massif in the different waies and at the different degrees. Image 2 Fallingwater house, exterior The chief portion of the country of the first floor is a big common room, which is being freely connected, harmonizing to the rule of fluxing infinite, the dining room, kitchen and hall, which is connected through abundant Windowss and multiple glass doors to the outside patio infinite, every bit good as through stepss with a brook at the underside ( see image 3 ) . Image 3 Fallingwater house, interior, living room Interior and external environment are non separated, in add-on to that for the smooth ocular communicating there are used big planes of glazing, outer infinite penetrates between the stick outing consoles of overlap slabs, and the infinite continues outside on the patio. As in other houses of Frank Lloyd Wright, the texture of the walls inside is the same as the exterior. The interior the wood paneling mitigates the badness of rock and concrete. Glazing ever protected from the Sun. Above the entrywaies are installed cantilever canopies, solid or lattice. The chief Willard huntington wrights rules were: Tie the edifice as a whole with its site by doing it a horizontal length, and underscores the planes which are parallel to the land, but non to busy the best portion of the secret plan with the edifice, go forthing that the best portion for its usage, for the maps associated with house life. Do non do a room the box, and the house – the other box, do non turn the walls into a screen, enveloping the infinite. Ceilings, floors and cladding screens must rinse out each other, organizing one common enclosure of a infinite holding a minimal unit. Make all proportion of the house closer to a human graduated table, a constructive solution with the lowest ingestion degree and the most appropriate usage of stuffs, and the whole – most suited for life in it. Apply consecutive lines and sleek form. Extract the foundation of the house, incorporating the insanitary cellar of the Earth and topographic point it wholly over the Earth, turning it into a lower cap for the residential portion of the house, do a foundation in the signifier of a low rock platform on which to stand the house. All the necessary gaps to the exterior or indoors, aligned with human proportions and put them in the strategy of the edifice of course – whether in a individual signifier, or in groups. Delete the combination of different stuffs and, wherever possible, seek to utilize the same stuff in building. Make non to utilize decorations that do non follow from the nature of the stuff, so that the edifice would clearly show the topographic point in which being lived and the general character of the edifice would be an grounds of this.Takao Akiyama rulesNowadays the most claimed Ethno Style A ­is the Nipponese, or as it is frequently called, Nipponese minimal art, noted for its desire for simpleness and functionality. Takao Akiyama is a Nipponese designer known for his ability to suit the single-family house into urban milieus of Japan metropoliss. Japan came to minimalism non merely in the chase of aesthetics, but it was a effect of national features and life in a instead freakish clime, with the changeless menace of temblors. Nipponese house is frequently a portion of the garden, so the continuance of traditional inside ever has been a landscape, which is one of the rules o f Takao Akiyama architecture. In geographically little, overpopulated state particularly appreciated is the infinite, so the internal construction of the premises – the usual furniture and other properties of the house is minimized. The absence of otiose things is the basic regulation of minimal art. Daylight in the house is the chief beginning of lighting. Fu-1 house is built in the outskirts of the metropolis which has a arresting position of the Fieldss and mountains ( see image 4 ) . Akiyama wanted to confront a simple thought of planing a house – to make a shelter that protects from different conditions manifestations. Image 4 Fu-1 house, exterior â€Å" The full site is wrapped with the roof, wall or floor, and merely the halfway tribunal is unfastened up to make â€Å" eave † consequence. It has reinforced concrete construction and there is no a wall on the side of the pace, hence there are back uping Fe columns which besides work every bit window frames. All the elements are straight painted onto concrete with water-and-heat-proofing stuff. Merely the floor does non hold the heat-proofing map because of the floor warming system in it. â€Å" ( Fu-1 house, Takao Akiyama ) Takao Akiyama believes in a simpleness that why he does n't utilize many colourss and textures in his designs, which another design rule. Main colour is white and the construction stuff is concrete. â€Å" Interior besides don ‘ have excessively much connotations. In general, a house has a life room for relaxing, a kitchen for cookery, and a sleeping room for kiping, intending the designer limits the use. Interior measuring is based on the 3 metres width which the dwellers can experience the length of the house instead than width and that besides minimal figure people can freely busy. From the entryway to each room to the bathroom at the terminal, there can be seen a halfway pace at any minute on the right. For the smooth passage from one room to another, there are no walls in the way to forestall the watercourse. All the doors are skiding doors and foldaway doors except the 1 in bathroom – bathroom has glass door. † ( Fu-1 house, Takao Akiyama ) There is a plentifulness of infinite in the house ( see image 5 ) . With the aid of screens, drapes, beads in the floor, skiding dividers, etc. house can be divided into â€Å" functional countries † . Screens make infinite of the house visible radiation and transparent. By rearranging screens, the can be updated the interior though every twenty-four hours. Image 5 Fu-1 house, interior, dining room All the elements of the inside have a concise, geometrical form. A characteristic difference of a minimal art is the absence of decor and excess accessorizing. Image 6 Fu-1 house, interior, living room There is usage of simple natural coating stuffs: concrete, glass, metal, wood or plaster. Complete deficiency of decor creates an increased demand for stuffs, as in this instance, pieces of furniture themselves become decorations. Furniture and wall surface is smooth, without texture ( see image 6 and 7 ) . Image 7 Fu-1 house, interior, bathroom â€Å" The sequence of oculus motion to the outside is every bit of import as to the inside. There are several fast ones that some points catch your oculus to outside. Standing by the kitchen, on the left you can see the neighbour ‘s garden and on the other side you can see the stepss to the rooftop and the little stone pace under the steps. This is besides can be a pool which brings ice chest position in the summer. Besides there is couple more of those musca volitanss in the exterior. When you enter the house, you can see the trees of neighbours. † ( Fu-1 house, Takao Akiyama )DecisionFrank Lloyd Wright was a large disciple of Nipponese architecture, which manner is established on harmoniousness with nature. He believed that house should extinguish all unneeded and interior should be a continuance of the outside. A similar Wright Akiyama admires simpleness. Both designers used a strengthened concrete as a chief edifice stuff of their houses. Both houses are the building of the rectangular fields traveling in the different waies and at the different degrees making a volume which is a living infinite. Both designers consider that the interior grace of the infinite is in that small that is in the house. In both insides there are merely necessary pieces of furniture which create an ambiance of a place that contributes speculation, repose, relaxation from the attentions and problems of the outside universe. An image of the house, that both designers built, testifies that his maestro is wise, is non capable to the hustle and pandemonium of the outside universe, is able to see beauty in the mundane and look up to it. It ‘s the house where reigns the nothingness, air and visible radiation.Bibliography list:Early old ages, About Frank Lloyd Wright, Retrieved 23 October 2010 from hypertext transfer protocol: //www.architectstudio3d.org/AS3d/about_wright.html The Future of Architecture,1953, Frank Lloyd Wright, Horizon Edition DJ Wright ‘s calling, Retrieved 23 October 2010 from hypertext transfer protocol: //www.wrightnowinbuffalo.com/whattodo/wright_legacy.asp # calling Fu-1 House, Takao Akiyama, Retrieved 23 October 2010 from hypertext transfer protocol: //www.akiyamatakao.com/sub8.htmImage Beginnings:Froebel ‘s blocks, Retrieved 23 October 2010 from hypertext transfer protocol: //www.ozpod.com/store/froblox.html Fallingwater house, exterior, Retrieved 23 October 2010 from hypertext transfer protocol: //vinci.org/uml/motive.html Fallingwater house, interior, living room, Retrieved 23 October 2010 from hypertext transfer protocol: //posterous.com/people/favorites/10FySBFY7N7 Fu-1 house, exterior, Retrieved 23 October 2010 from hypertext transfer protocol: //1dom.wordpress.com/2009/09/30/gorodskoi-dom-s-lujaikoi/fu-1-house-1/ Fu-1 house, interior, dining room, Retrieved 23 October 2010 from hypertext transfer protocol: //1dom.wordpress.com/2009/09/30/gorodskoi-dom-s-lujaikoi/fu-1-house-13/ Fu-1 house, interior, living room, Retrieved 23 October 2010 from hypertext transfer protocol: //1dom.wordpress.com/2009/09/30/gorodskoi-dom-s-lujaikoi/fu-1-house-9/ Fu-1 house, interior, bathroom, Retrieved 23 October 2010 from hypertext transfer protocol: //1dom.wordpress.com/2009/09/30/gorodskoi-dom-s-lujaikoi/fu-1-house-15/

The Age of Innocence - Womens Struggle With Victorian...

Unlike Fitzgerald’s The Great Gatsby and Kà ¤stner’s Fabian, Edith Wharton’s Pulitzer Prize winning work, The Age of Innocence (1920) is not set after World War I. In fact, her work is set prior to it at the turn of the century. She describes Old New York from late 19th and early 20th century in great detail, â€Å"New York society and customs†¦are described with an accuracy that is almost uncanny: to read these pages is to live again.† She also looks at the upper class, instead of middle and lower class society with its dance halls of debauchery and improper solicitations. The threat of modernity after war and depression are not factors in her work. Yet, not all of the elements and motifs seen in Kà ¤stner and Fitzgerald are absent. Wharton pays†¦show more content†¦His world and New York society is turned upside down by the arrival of the scandalous Countess Olenska. The rules of society, force the Countness into Archer’s life and that of his betrothed, May Welland. His encounters with the Countess reveal to him the incongruities and confinements of New York high society. He is disillusioned by her and supports the Countess’s need for independence and freedom. Archer’s fondness of her develops into a forbidden returned love. The Countess is a modern woman; an affair would only further confirm societies view of her. Yet, the affair never comes to fruition. Archer’s wife, the Countess’s cousin, becomes pregnant and the Countess leaves for Europe. Archer and the Countess never meet again. Whartons work shows her experiences and views of Old New York society, women, and the rigid social code of high society that permeated the rest of society. Wharton also creates a dualistic vision in her work similar to Kà ¤stner and Fitzgerald’s. Yet, Wharton’s dualism does not reflect moral geography, but instead both the strengths and failings of the old society and she celebrates the new society in choosing a very positive character, the Countess Olenska, as its representative. Wharton compares the new age and century with that of her own past. While Wharton’s work does not engage the war directly, this does not mean that it did not draw a comparison to it. It does poses as both a memoir for Whartons youth and