Subject: Law
Order Description
Write an essay about the right of habeas corpus in the context of the war on terror. Your essay should address the following
subtopics:
1. The general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of
other civil liberties.
2. The historical evolution of habeas corpus, including its English and American traditions.
3. Examples from U.S. history of the "suspension" of habeas corpus and their applicability to the present.
4. The relevance of habeas corpus to the contemporary U.S. situation during the war on terror, especially with respect
to persons characterized by the President as "enemy combatants" or "illegal combatants."
5. The U.S. Supreme Court’s interpretation of the right of habeas corpus with respect to "enemy combatants" or
"illegal combatants" (i.e., the views of the five justices making up the majority in Boumediene v. Bush as well as
the views of the four dissenting justices).
6. Your evaluation of various perspectives on this topic expressed by justices of the Supreme Court, leaders in other
branches of government, and commentators in both the academic and popular media. Your assessment should consider several
perspectives on this topic, including :
o The role of the President as commander-in-chief.
o The role of Congress in determining when habeas corpus can be "suspended."
o The role of the Supreme Court in protecting civil liberties, including the judicial philosophy which should guide the
Court in this role, and
o Your personal philosophy, values or ideology about the balance between civil liberties and national security in the
context of an unending war on terror.