Habeas Corpus

8/24/2022

Article I, Section 9 of the U.S. Constitution allows the Executive Branch to suspend habeas corpus when in cases of rebellions or invasions.
*On September 24, 1862, President Lincoln issued a proclamation suspending the right to writs of habeas corpus during the Civil War.
*On February 19, 1942, President Roosevelt signs Executive Order 90066 authorizing military areas for people considered to be dangerous to U.S.
*On October 17, 2006, President Bush signed a law suspending the right of habeas corpus to persons "determined by the United States" to be an "enemy combatant" in the Global War on Terror.
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1. Do you believe habeas corpus should ever be suspended, allowing the U.S. government to imprison individuals without formal charges or a right to a fair trial? What about in times of rebellions or invasions (9/11 & Pearl Harbor)?
2. Two summers ago, the State of New York suspended Habeas Corpus for citizens protesting the murder of George Floyd. Do you believe it is right for the government to suspend Habeas Corpus rights for New Yorkers who were arrested in their protest of the killing of George Floyd? Why or why not? Explain your answer. View the link to the article on New York/Habeas Corpus: Show evidence from the article incorporated in your response for full credit.
https://www.highsnobiety.com/p/habeas-corpus-explained/
Due Friday 9-2-22

2 Comments

Jiajia Chen Zhen (period 2)

9/10/2021 11:36:38 pm

1. Habeas corpus should never be suspended because everyone has the right to a fair trial and it is unfair for the U.S. government to imprison individuals without formal charges since everyone deserves to know what is going on and the right to tell their side, the right to defend themselves. The U.S. government have no right to imprison individuals until it is proven guilty and before it is proven guilty the person is innocent. Everyone should have the right to freedom of speech, the right to speak, and the right to have their words to be heard. Before deciding, all individuals should have the chance to tell their side of the story. I believe that everyone has the right to defend themselves instead of getting imprisoned for no reason.

2. I believe that it is not right for the government to suspend Habeas Corpus rights for New Yorkers who were arrested in their protest of the killing of George Floyd. No matter who I believe that every citizen deserves the right to a fair trial to defend themselves if they are innocent and the right to speak. The side of the individual story should be heard before making the decision. According to Alexandria Ocasio-Cortez from the article, "Civil liberties protect ourselves from governments using 'crises' and 'emergencies' as justification to dismantle our rights,"... "This is the suspension of habeas corpus, it is unconstitutional, and it is deeply disturbing that both NYPD is seeking it and a judge rubber-stamped it". I agree with her that the government doesn't have the right to detain/imprison anyone without listening to their side of the story and before they are proven guilty. Every citizen should have the right to argue, to speak, and to defend themselves.

Talula Allen (P1)

12/20/2022 09:29:10 pm

1. I believe it should not be suspended. Without the Habeas Corpus you would be imprisoned without using the law. It would take away your liberty which is one of the unalienable rights that all human beings are born with. With the example of 9/11, in those times obviously people could only use it if falsely accused, but if they did something that is against the law, they would still go to jail. The 19 men that caused 9/11 were classified as Arabic in which people who were considered Arabic at that time were all of a sudden suspects of the attack.

2. I believe that they shouldn't suspend Habeas corpus because its taken away one of the unalienable rights which goes against the constitution. In this case, "writ of Habeas corpus is used to bring a prisoner or other detainee before the court to determine if the person's imprisonment or detention is lawful." They can still use the Habeas corpus but most likely lose the case if they did something against the law.

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