02 May FINAL ASSIGNMENT INSTRUCTIONS OVERVIEW The Research Paper will be completed in 3 parts Research Paper: Bibliography Assignment, Research Paper: Topic and Outline Assignment, and Rese

GOVT 480

Research Paper: Final Assignment Instructions

Overview

The Research Paper will be completed in 3 parts— Research Paper: Bibliography Assignment, Research Paper: Topic and Outline Assignment, and Research Paper: Final Assignment. You will choose the topic you write on, but your topic must be directly related to the study of terrorism or homeland security.

Instructions

The Research Paper must be approximately 6–8 pages of text, not including the title page and bibliography page, and be in current APA format. Your paper must make a point. Do not merely report facts. Take what is, analyze it, interpret it in light of a personal Christian worldview, discuss options, and discuss things you think should change. Support your ideas, give alternatives to current practice and support them, and integrate material from textbook readings or lectures. If you are of a different major taking this as an elective, integrate your field into this project.

Your paper must be written in 12-point, Times New Roman font with 1” margins. It must include a title page with the paper title, student name, course name, and instructor name. Include page numbers in accordance with current APA guidelines. You must use a minimum of 5 sources from both online and printed source material. Save the paper as:

“lastnamefirstinitial.doc” (E.g. doej.doc).

You must use Microsoft Word. (Neither MS Works nor WordPerfect are acceptable.)

Proper spelling, grammar, and sentence structure are expected. Short, choppy sentences are NOT acceptable. This is a college course, and deductions will be made accordingly. You must not use personal pronouns (I, me, we, us, our, etc.), and the standards of academic writing must be applied. Have someone else proofread your paper before turning it in to ensure what you are saying makes sense.

Note: Your assignment will be checked for originality via the Turnitin plagiarism tool.

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Paper Outline

Casey Steadham

Liberty University

GOVT480-D05

May 1, 2023

To what extent is the right of Habeas Corpus Limited in the context of the War on Terror?

Abstract

Grave human rights abuses caused by the "war on terror" have sparked an increase in human rights litigation. The right of habeas corpus is protected under the American Constitution as it prevents illegal detention. There has been heightened debate on whether enemy combatants and illegal combatants who are likely to pose a threat to public safety are entitled to habeas corpus.

Introduction

Possessing personal freedom is the most crucial human right. The right to avoid being detained without a court order can never be violated in a civilized society. Freedom from arbitrary arrest and detention is a component of personal liberty (Frande et al., 2022). One of the fundamental protections of personal freedom in English and American law is made possible by the writ of habeas corpus, which shields people against unjustified detention by the government. The government suspends the right to habeas corpus in the fight against terrorism in order to protect public safety.

Body

A. The right of habeas corpus dates back to many centuries when personal liberty was not so valued (Siegert, 2022).

I. Historical evolution of Habeas Corpus in the world

II. History of Habeas Corpus in the Colonies

III. Historical evolution of Habeas Corpus in America

B. The government must emphasize the importance of fighting against the United States' enemies while defending the suspension of habeas corpus in light of the ongoing war on terror (Hajjar, 2019).

I. Restrictions on the Use of habeas corpus in the Context of the War on Terror

II. The significance of restricting Habeas Corpus in terrorism situations

III. The constitutional basis that supports the habeas corpus restriction

IV. The Supreme Court's stance on the habeas corpus imitation

C. The right to habeas corpus is a fundamental right, and before limiting it, states must adopt the necessary safeguards (Frande et al., 2022).

I. The derogation's scope must be directly related to the urgency of the circumstance.

II. The emergency must be serious and pose a risk to the regular practices used in the administration of justice.

III. The measures of derogation must not go beyond what is strictly required by the necessities of the situation.

IV. The state's choice to impose a derogation must be closely examined internationally.

D. Different branches of government play different roles in cases of removing or limiting the right of habeas corpus in the context of the war on terror (Khan, 2022).

I. Executive Branch

II. Judiciary Branch

III. Legislative Branch

E. The constitutional right to Habeas Corpus extends to both United States citizens and non-citizens (Khan, 2022).

I. What are the implications of derogation to citizens?

II. What are the implications of derogation to non-citizens?

Conclusion

In the context of the war on terror, the government suspends the right of habeas corpus to preserve public safety. However, to defend their civil rights and liberties, US citizens primarily rely on the postulates of habeas corpus. As a result, any deviation from these rights must be as limited as possible. A deviation from the right to habeas corpus only results in the suspension of additional liberties and rights, the deterioration of democratic societies over time, and ultimately the collapse of democracy.

References

Frände, D., & Yli-Hemminki, E. (2022). Habeas Corpus. In Elgar Encyclopedia of Crime and Criminal Justice. Edward Elgar Publishing.

Hajjar, L. (2019). The Counterterrorism War Paradigm versus International Humanitarian Law: The Legal Contradictions and Global Consequences of the US “War on Terror”. Law & Social Inquiry, 44(4), 922-956.

Siegert, C. J. (2022). From the Magna Carta to the MCA: The Development of the Right to Habeas Corpus for Enemy Combatants of the United States. Bellarmine Law Society Review, 12(1), 36-53.

Khan, B. (2022). JUDICIAL REVIEW OF COUNTER-TERROR LEGISLATION: THE JURISPRUDENCE OF THE UNITED STATES SUPREME COURT AND THE SUPREME COURT OF PAKISTAN. Pakistan Journal of Social Research, 4(04), 1010-1018.