Civil Liberties History
A History of American Civil Liberties
A History of American Civil Liberties
The United States of America has a colorful history that much like an elaborate tapestry, is formed of events and advancements which make up its past. Each historical incident has contributed to the melting pot of culture and also the future of Americans. The history of civil liberties in the United States has significantly shaped our modern-day society. This paper explores the monumental occurrences of civil liberties before the 1930’s and after, through specific constitutional amendments, and shows the necessity to protect these rights as they are essential to the workings of a democratic government. I argue that civil liberties, while they …show more content…
For example, habeas corpus has evolved throughout history to become an institution within the civil liberties guaranteed by the Constitution for all Americans. The term habeas corpus is Latin and translates to having the body (Cornell University Law School, 2010). The writ of habeas corpus serves as an important examination on the manner in which state courts pay respect to federal constitutional rights. Habeas corpus is akin to any other civil liberty, which cannot be reduced by the federal government (Levin-Waldman, 2012). The writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state actions (Cornell University Law School, 2010). Habeas corpus prevents individuals from being arrested and held without cause. Without habeas corpus, political prisoners could be detained indefinitely. Ironically enough while America was attempting to define its own power, the foundation for habeas corpus during wartime was built on English tradition (Levin-Waldman, 2012). Just as the Parliament struggled against the authority of the British Crown, the citizens of the United States likewise struggle against governmental …show more content…
Habeas corpus and the war on terror have only grown increasingly relevant as days pass. One of the more well-known uses of habeas corpus stems from the September 11, 2001 attacks against the United States. It was on the wake of this historical tragedy that President Bush not only launched a war on terrorism, but the USA PATRIOIT Act of 2001 was passed. As a wartime measure, the PATRIOT Act allowed federal authorities to arrest and hold suspected terrorists without filing formal charges. Individuals detained on suspicion of terrorism were not entitled to an attorney (Levin-Waldman, 2012). In Hamdi v. Rumsfeld, 542 U.S. 507 (2004), the Supreme Court ruled the prisoners had limited rights at his or her disposal with which to challenge the enemy combatant characterization (Foley, 2007). The debate over habeas corpus has erupted in an emotional time of healing for United States citizens. What is difficult to grasp is that in the midst of tragedy, in the center of emotional turmoil, in the middle of a nation full of questions, habeas corpus is a civil liberty, like many others that desperately required clarification in a changing
A History of American Civil Liberties
The United States of America has a colorful history that much like an elaborate tapestry, is formed of events and advancements which make up its past. Each historical incident has contributed to the melting pot of culture and also the future of Americans. The history of civil liberties in the United States has significantly shaped our modern-day society. This paper explores the monumental occurrences of civil liberties before the 1930’s and after, through specific constitutional amendments, and shows the necessity to protect these rights as they are essential to the workings of a democratic government. I argue that civil liberties, while they …show more content…
For example, habeas corpus has evolved throughout history to become an institution within the civil liberties guaranteed by the Constitution for all Americans. The term habeas corpus is Latin and translates to having the body (Cornell University Law School, 2010). The writ of habeas corpus serves as an important examination on the manner in which state courts pay respect to federal constitutional rights. Habeas corpus is akin to any other civil liberty, which cannot be reduced by the federal government (Levin-Waldman, 2012). The writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state actions (Cornell University Law School, 2010). Habeas corpus prevents individuals from being arrested and held without cause. Without habeas corpus, political prisoners could be detained indefinitely. Ironically enough while America was attempting to define its own power, the foundation for habeas corpus during wartime was built on English tradition (Levin-Waldman, 2012). Just as the Parliament struggled against the authority of the British Crown, the citizens of the United States likewise struggle against governmental …show more content…
Habeas corpus and the war on terror have only grown increasingly relevant as days pass. One of the more well-known uses of habeas corpus stems from the September 11, 2001 attacks against the United States. It was on the wake of this historical tragedy that President Bush not only launched a war on terrorism, but the USA PATRIOIT Act of 2001 was passed. As a wartime measure, the PATRIOT Act allowed federal authorities to arrest and hold suspected terrorists without filing formal charges. Individuals detained on suspicion of terrorism were not entitled to an attorney (Levin-Waldman, 2012). In Hamdi v. Rumsfeld, 542 U.S. 507 (2004), the Supreme Court ruled the prisoners had limited rights at his or her disposal with which to challenge the enemy combatant characterization (Foley, 2007). The debate over habeas corpus has erupted in an emotional time of healing for United States citizens. What is difficult to grasp is that in the midst of tragedy, in the center of emotional turmoil, in the middle of a nation full of questions, habeas corpus is a civil liberty, like many others that desperately required clarification in a changing