Write an essay about the right of habeas corpus in the context of the war on terror. Your essay should address the following subtopics:
- Explain the historical evolution of habeas corpus, including its English and American traditions. The explanation of its evolution within the American tradition should include the general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties.
- Provide examples from U.S. history of the suspension of habeas corpus and their applicability to the present.
- Analyze the relevance of habeas corpus to the contemporary U.S. situation during the war on terror, especially with respect to persons characterized by as enemy combatants or illegal combatants.
- Explain 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).
- Evaluate a minimum of four 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 evaluation should consider perspectives on the following topics as they relate to habeas corpus:
- The role of the President as Commander-in-Chief.
- The role of Congress in determining when habeas corpus can be suspended.
- The role of the Supreme Court in protecting civil liberties, including the judicial philosophy which should guide the Court in this role, and
- In your evaluation, you should also include your personal philosophy, values, or ideology about the balance between civil liberties and national security in the context of an unending war on terror.
Follow these requirements when writing the Final Paper:
- The body of the paper (excluding the title page and reference page) must be at least 1,500 words long.
- The paper must start with a short introductory paragraph which includes a clear thesis statement. The thesis statement must tell readers what the essay will demonstrate.
- The paper must end with a short paragraph that states a conclusion. The conclusion and thesis must be consistent.
- The paper must logically develop the thesis in a way that leads to the conclusion, and that development must be supported by facts, fully explained concepts and assertions, and persuasive reasoning.
- The paper must address all subtopics outlined above. At least 20% of the essay must focus on subtopic five, listed above (your evaluation of perspectives on the topic).
- Your paper must cite at least three academic articles (excluding the course textbook) and at least four other kinds of sources (e.g., Supreme Court opinions, magazine or newspaper articles, the course textbook, and reliable websites or videos).
- Use your own words. While brief quotes from sources may be used, altogether the total amount of quoted text must be less than five percent of the body of your paper.
- When you use someone else’s words, they must be enclosed in quotation marks followed by an APA in-text short citation (author, year, and page) to your source. The in-text citation must correspond to a full APA citation for the source on the reference page at the end of the essay.
- When you express in your own words someone else’s ideas, arguments or facts, your statement must be followed by an APA in-text short citation (author, year, and page) to your source. The in-text citation must correspond to a full APA citation for the source in the reference page.
- The form of the title page, the body pages, and the reference page must comply with APA style. Additionally, the title page must include the course number and name, the instructor’s name, and the date submitted.
- The paper must use logical paragraph and sentence transitions, complete and clear sentences, and correct grammar, spelling, and punctuation.
For this paper you need to do research in peer-reviewed journals or other sources that are considered to have reliable information. In addition to your required course text, you need at least seven scholarly sources, three of which must be peer-reviewed journal articles from the Ashford Online Library.
Academic research papers must meet university level standards of quality. What constitutes quality, academic research?
- Primary sources written by experts in the field of study
- Secondary sources supported by research in primary sources
- Credible sources (experts in the area of study)
- Relevant research (materials are pertinent to the area of study)
- Peer-reviewed journal articles (journal articles reviewed by recognized experts in the relevant field of study).
- Educational and government websites (those ending with a web URL suffix of .edu or .gov) may be appropriate in some cases but should be evaluated carefully.
Please visit the Academic Research section on your course homepage (accessible through the Student Responsibilities and Policies tab on the left navigation toolbar) to review what types of materials are not acceptable for academic, university level research.
The paper must be at least 1,500 words in length and formatted according to APA style. Cite your sources within the text of your paper and on the reference page.