November 9, 2012
The War on Terror – Rights and Liberties
In order to understand rights and liberties during wartime situations, some background information needs to be addressed and explained. This paper will explain the definition of habeas corpus and the role of the Judicial, Legislative and Executive Branches of government during wartime and conflicts, how the President will sometimes take matter into his own hands.
During wartime periods of our history, the President has taken actions that seem to be outside the powers extended the office in the Constitution when it comes to civil liberties. Does the President have the power to continue to …show more content…
The court deemed the refusal to grant habeas as unconstitutional even though the individuals are not U.S. citizens. The Supreme court granted the rights of habeas to the detainees and they further assigned all the cases that had been filed in the District Court in the District of Columbia and any future cases to be transferred to Senior Judge Thomas F. Hogan for oversight and expediting (Garcia, 2008). During this entire process the role of the President as Commander in Chief is to protect the laws and the constitution of the United States of America (Levin-Waldman, 2012). He is responsible for ordering troops to be in harm’s way and to attack the designated targets. During the process to determine what actions are necessary, the President will defer to cabinet leaders and other aids and advisors on the legality of those actions. While the president will take the brunt of the criticism for decisions that he will make, he rarely ever makes those decisions alone. The President is also responsible for communicating with Congress all military actions he is taking in a time manner if not before. The president is responsible for foreign policy and a weak stance against an enemy attack will make the United States look vulnerable and an over aggressive stance will make the United States look like tyrants. The key is to be