Why Bush and Lincoln Both Suspended Habeas Corpus

On Oct. 17, 2006, President George W. Bush signed a law suspending the right of habeas corpus to persons determined by the United States to be an enemy combatant in the Global War on Terror. Bushs action drew severe criticism, mainly for the laws failure to specifically designate who in the United States  will determine who is and who is not an enemy combatant. A Time of Shame This Is Jonathan Turley, professor of constitutional law at George Washington University, objected to Bushs support for the law—the Military Commissions Act of 2006—and its suspension of writs of habeas corpus. He stated, What, really, a time of shame this is for the American system. What the Congress did and what the president signed today essentially revokes over 200 years of American principles and values. Not the First Time The Military Commissions Act of 2006 was not the first time the Constitutions guaranteed right to writs of habeas corpus was suspended by an action of a president. In the early days of the U.S. Civil War President Abraham Lincoln suspended writs of habeas corpus. Both Bush and Lincoln based their actions on the dangers of war, and both presidents faced sharp criticism for carrying out what many believed to be an attack on the Constitution. What It Is A writ of habeas corpus is a judicially enforceable order issued by a court of law to a prison official ordering that a prisoner must  be brought to the court so it can be determined whether that prisoner was lawfully imprisoned and, if not, whether they should be released from custody. A habeas corpus petition is a petition filed with a court by a person who objects to their own or anothers detention or imprisonment. The petition must show that the court ordering the detention or imprisonment made a legal or factual error. The right of habeas corpus is the constitutionally bestowed right of a person to present evidence before a court that they have been wrongly imprisoned. Where the Right  Comes From The right of writs of habeas corpus is granted in Article I, Section 9, clause 2 of the Constitution, which states, The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. Bushs Suspension of Habeas Corpus President Bush suspended writs of habeas corpus through his support and signing into law of the Military Commissions Act of 2006. The bill grants the President of the United States almost unlimited authority in establishing and conducting military commissions to try persons held by the U.S. and considered to be unlawful enemy combatants in the Global War on Terrorism. In addition, the act suspends the right of unlawful enemy combatants to present or to have presented in their behalf, writs of habeas corpus. Specifically, the act states, No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination. Importantly, the Military Commissions Act does not affect the hundreds of writs of habeas corpus already filed in federal civilian courts on behalf of persons held by the U.S. as unlawful enemy combatants. The act suspends only the accused persons right to present writs of habeas corpus until after their trial before the military commission has been completed. As explained in a White House Fact Sheet on the act, ... our courts should not be misused to hear all manner of other challenges by terrorists lawfully held as enemy combatants in wartime. Lincolns Suspension of Habeas Corpus Along with declaring martial law, President Abraham Lincoln ordered the suspension of the constitutionally protected right to writs of habeas corpus in 1861, shortly after the start of the American Civil War. At the time, the suspension applied only in Maryland and parts of the Midwestern states. In response to the arrest of Maryland secessionist John Merryman by Union troops, then-Chief Justice of the Supreme Court Roger B. Taney defied Lincolns order and issued a writ of habeas corpus demanding that the U.S. Military bring Merryman before the Supreme Court. When Lincoln and the military refused to honor the writ, Chief Justice Taney in Ex-parte MERRYMAN declared Lincolns suspension of habeas corpus unconstitutional. Lincoln and the military ignored Taneys ruling. On Sept. 24, 1862, President Lincoln issued a proclamation suspending the right to writs of habeas corpus nationwide. Now, therefore, be it ordered, first, that during the existing insurrection and as a necessary measure for suppressing the same, all Rebels and Insurgents, their aiders and abettors within the United States, and all persons discouraging volunteer enlistments, resisting militia drafts, or guilty of any disloyal practice, affording aid and comfort to Rebels against the authority of United States, shall be subject to martial law and liable to trial and punishment by Courts Martial or Military Commission: Additionally, Lincolns proclamation specified whose rights of habeas corpus would be suspended: Second. That the Writ of Habeas Corpus is suspended in respect to all persons arrested, or who are now, or hereafter during the rebellion shall be, imprisoned in any fort, camp, arsenal, military prison, or other place of confinement by any military authority of by the sentence of any Court Martial or Military Commission. In 1866, after the end of the Civil War, the Supreme Court officially restored habeas corpus throughout the nation and declared military trials illegal in areas where civilian courts were again able to function. Differences and Similarities There are differences and similarities between the actions of presidents Bush and Lincoln: Presidents Bush and Lincoln both acted to suspend habeas corpus under the powers granted to them as Commander in Chief of the U.S. Military during a time of war.President Lincoln acted in the face of an armed rebellion within the United States: the U.S. Civil War. President Bushs action was a response to the Global War on Terrorism, considered to have been triggered by the Sept. 11, 2001, terrorist attacks in New York City and the Pentagon. Both presidents, however, could cite Invasion or the much broader term public Safety as constitutional triggers for their actions.President Lincoln suspended habeas corpus unilaterally, while President Bushs suspension of habeas corpus was approved by Congress through the Military Commissions Act.President Lincolns action suspended the habeas corpus rights of U.S. citizens. The Military Commissions Act of 2006, signed by President Bush, stipulates that the right of habeas corpus should be denied only to aliens detained by the United States.Both su spensions of habeas corpus applied only to persons held in military prisons and tried before military courts. The habeas corpus rights of persons tried in civilian courts were not affected. Continued Debate Certainly, the suspension—even if temporary or limited—of any right or freedom granted by the U.S. Constitution is a momentous act that should be carried out in only in the face of dire and unanticipated of circumstances. Circumstances like civil wars and terrorist attacks are certainly both dire and unanticipated. But whether one, both, or neither warranted the suspension of the right of writs of habeas corpus remains open for debate.

Bolsonaro and Trump Far-Right Populist Demagogues - Free Essay Example

Sample details Pages: 8 Words: 2262 Downloads: 3 Date added: 2019/03/27 Category Politics Essay Level High school Tags: Donald Trump Essay Did you like this example? In todays world, Trumps face is plastered all over global news for his questionable views and inflammatory remarks. From his past statements, whether they were sexist or racist, to his far-right views, many have considered Trump to be a very controversial and polarizing leader, which can be very problematic. Trumps approval ratings, in general, have been decently low with his lowest approval rate around 35% and his highest approval rate around 45%, while his disapproval ratings peaked around a 60% recently (Gallup). Don’t waste time! Our writers will create an original "Bolsonaro and Trump Far-Right Populist Demagogues" essay for you Create order On the other hand, the new Brazilian president-elect, Bolsonaro, has had around a 45% disapproval rate, while he has also said a decent amount of controversial statements as well (Far-Right Candidate Jair Bolsonaro). Even though Bolsonaro can have many similarities drawn to Trump especially with his far-right views and controversial statements some of Bolosaros views seem to extend further right and evoke far more polarizing opinions, with journalists like Glenn Greenwald and Andrew Fishman calling Bolsonaro the most hated elected official in the democratic world. Bolsonaro and Trump seem to share such problematic opinions, which doesnt only cause unsure feelings on what the new Brazilian president-elect will mean for Brazils future, but also uncertainty for the general near-future of world politics. However, Bolsonaro and Trump still seem to vary on the extent and degree of those opinions. Although it may seem hard to believe that either Bolsonaro or Trump won their presidential elections especially with some of their offensive comments and problematic behavior, it is still important to consider the fact that both Bolsonaro and Trump excelled at appealing to people through their anti-corruption based presidential campaigns and attracting media attention through means of both social media and the news. Sexism and Misogyny Many of the controversial and offensive statements made by both Bolsonaro and Trump originated years before either of them announced their run for presidency. Both leaders have been criticized for many of their misogynistic and sexist comments, which tended to be especially sexually charged and degrading. Bolsonaro stated in 2014 that one of Brazils congresswomen, Maria do Rosrio, was not worth raping and that she is very ugly. He even went as far as to say, Im not a rapist, but if I were, I wouldnt rape her because she doesnt deserve it (Anderson). Although Bolsonaro ended up being fined around $2,500 worth of money in US dollars, that punishment arguably did not seem too bad compared to the vile comments he made about the congresswoman. Not only was Bolsonaro unprofessional in bringing up Rosrios physical appearance and insulting it, but he was also very wrong to reduce her worth only to her appearance and in casually making those remarks around as serious as a topic as rape. Trump , in his many years of insensitive comments towards women and notoriously known for the p***y grabbing video, has also belittled women based on their looks, attacking various women including those who are as famous as German gold medalist Katarina Witt, Angelina Jolie, Cher, Heidi Klum, and Miss Universe 1996 Alicia Machado (Cohen). While both Bolsonaro and Trump have made comments that tried to reduce women to their physical appearances, they have also shown they do not think of women as equal to men in different ways; Trump has degraded the value of women to how they please their husbands and blamed women for the problems in their relationships, while Bolsonaro has attributed weakness to women. Trump tweeted in August 28, 2012 how he fully understands why her former husband left her for a man, and in April 16, 2015 how she probably cant satisfy America based on how she wasnt able to satisfy her husband. Of course, aside from Trumps commentating on Hillarys marriage, he was also known to often interrupt her in presidential debates, but Hillarys case wasnt the only time Trump hadnt behaved professionally towards women during his political career. Trump had also insulted his Republican rival, Carly Fiorina, in September 9, 2015 by asking if anyone can imagine her as the face of the next US president. Even more re cently, Trump has commented on the good shape of Brigitte Trogneux, the French First Lady (Cohen). Consistently, throughout time, Trump has shown to reduce women only to their looks, which apparently seems to be the most important thing about women to him. In April 2017, a part of Bolsonaros speech caught some negative attention, when he stated that his fifth child and only daughter was produced in a moment of weakness, which was shocking to hear since it is about his very own daughter but which also reflected his misogynistic views by indirectly yet clearly equating women to weakness (Anderson). In addition to Bolsonaros commentary on reducing women to physical appearances and attributing weakness to women, which are very fundamental issues on the value of individual women, Bolsonaro also brought up more external issues, such as equal pay when he argued in a 2015 interview with Zero Hora that men and women should not receive the same pay, because women get pregnant. This is not to say that the issue of equal pay does not matter and is just disposable, but it is only to say that the reduction of a womans value to beauty and that the attribution of weakness are core problems relating to human value (in this case, a womans value). While unequal pay is unjust, it also isnt right to argue that the pay that men and women receive is according to their value, because then that argument at the very core would be equating all humans to money in a way, instead of looking at them holistically. Alongside the opposition of equal pay for women, Bolsonaro also opposed paid maternity leave (with the claim that it harms productivity) and abortion (Anderson). Trump has also been similar to Bolsonaro in his stance to abortion in that they are both firmly pro-life. Although he had previously been pro-choice years before, he recently changed his view to extremely pro-life during and after the presidential election, when he said that women who have abortions should be punished, only unless they were in instances of rape, incest, or when the life of the mother was at stake (Cohen). However, Trump then changed his position only a couple of hours later to that doctors allow these abortions to happen are the ones to be punished, which wasnt a view that was all that much better. Both Trump and Bolsonaro do not seem to realize that not allowing abortion is intruding the rights and freedom of the women who might want to have those abortions for whichever reason, no matter how personal. Abortions shouldnt be up to anyone else, but the women since it is their body and since raising children is a big deal. Its not a business that anyone should be so intrusive about. And no one should be forced to raise children, if they are not ready, since children are a huge responsibility and a great investment of time and money. Being forced to raise children doesnt do any good for either the child or the mother and can be problematic in the end. Although both Trump and Bolsonaro are shown to degrade women to only their physical appearances and to restrict womens rights to abortion, Trumps sexism and misogyny seems to focus mostly on looks, while Bolsonaros seems to branch out much more and seems even more serious than Trumps as Bolsonaro attributes weakness to women and seem s to freely and very much casually talk about rape as though it werent so heavy of a topic as it actually is. Racism, Immigration Reduction, and Foreign Relations Not only have both President-Elect Bolsonaro and President Trump discriminated against the opposite sex, but they have also gone on record to make racist comments in addition to the aforementioned sexist ones. Both Bolsonaro and Trump have explicitly outright offended certain countries, with Bolsonaro calling African, Haitian, and Middle Eastern immigrants the scum of humanity and Trump referring to some African countries, El Salvador, Haiti, and Honduras as sh*thole countries (Anderson). In addition, Bolsonaro has also insulted indigenous and Quilombolas communities (who are descendants of Afro-Brazilian slaves) when he indirectly suggested that they were lazy (Kirby). His easy succumbing to making such rude generalizations and stereotypes shows his racist tendencies. There can be a parallel drawn to Bolsonaros stereotype-making with Trump as well, when Trump generalized many Mexicans during a speech as drug dealers, criminals, and rapists and talked about building a wall. Both Bols onaro and Trump want to reduce immigration, while expressing their reasoning for it in a very racist and controversial way which causes some of their foreign relations to suffer. Besides the usage of racism to try to justify views, Bolsonaro has also hurt some diplomatic relations through certain suggestions, actions, and comments. One was his considering making Jerusalem the new location for Brazils embassy rather than Tel Aviv, something similar to what Trump has done. However, the consequences of doing so would complicate and potentially cut ties with Cuba. In addition to this suggestion, Bolsonaro had already commented that the Cuban government treated their medical professionals like slaves, which led to their withdrawal of over 8,000 doctors who had been helping in impoverished areas of Brazil. In doing so, Bolsonaro seems to keeping pouring oil over the fire; but this was to be somewhat expected, as many of his statements are incendiary. Brazils relations with Cuba wasnt the only relation that Bolsonaro had tinkered with. While he was still a presidential candidate, Bolsonaro provoked what would arguably be Brazils most important trading partner, China , by visiting Taiwan, an island China considers as part of its territory (U.S. and Brazil Chose Similar Leaders) which was a very risky and bold move on his part. Another issue that also worries many is affirmative action, which helped those who usually suffer from discrimination in the workplace or higher education, since both Bolsonaro and Trump are against it. By being against affirmative action, they would be wanting to take away something that evened out the field for minorities and actually gave them opportunities. Without affirmative action, minorities can expect to have even more disadvantages, as if it wasnt already difficult to be part of the minority. It almost seems ridiculous that neither Bolsonaro nor Trump seem to think twice about saying such harmful statements about whole groups of people on television or the news so boldly. Bolsonaro and Trumps racist tendencies seem go hand in hand with their wanting to reduce immigration and supposedly maintaining their country, which echoes in Bolsonaros and Trumps overtly nationalistic messages of Lets make Brazil great! Lets be proud of our homeland once again! and Make America Great Again (Kirby). Complications with LGBTQ Community While both Bolsonaro and Trump have had much tension and opposition with the LGBTQ community, Bolsonaro has definitely shown more direct opposition towards homosexuality and the LGBTQ community in general throughout his political career, which is shown especially through his instances of direct hate-speech or ignorant comments. Bolsonaros hate-filled comments on the LGBTQ community date back as far as the early 2000s, when in a 2002 interview he told the newspapers, If I see two men kissing on the street, I will beat them (Sandy). He also went on to condone child abuse by adding that parents should whip their gay children (Reed). As if these comments werent already horrific enough, Bolsonaro has also said that if his own sons were to be gay that he would prefer if they were to die in an accident, claiming that he simply wouldnt be able to love them (Kirby). It was shocking to see how intolerable he was of homosexuality, which was shown through those violent comments and unforgivingne ss to his sons if they were to be gay. Not only that, but Bolsonaro was also very dismissive of sexuality when actress Ellen Page asked him in 2017 if she should have been beaten as a child because she is gay (Reed). To that, all Bolsonaro replied that she is pretty and that he wouldve catcalled her. Although Bolsonaro has recently seemed to increasingly become more moderate in what he says about the LGBTQ community compared to the violent hate-speech he used to spew out in the early 2000s, his view on the LGBTQ community is still problematic; its just not as outwardly spoken about as he used to. And it is definitely clear that he does not really understand the concept of different sexualities and how to respect them, as shown by Ellen Pages interview of him when he just completely dismissed her sexuality by saying something he believed was a compliment but what really wasnt. Trump, on the other hand, hadnt been quite as negatively vocal about the LGBTQ community as Bolsonaro has. He had even thanked the LGBTQ community and said that he would fight for them in June 2016 (Diamond, et al.). However, much of his actions were contrary to what he had said. Within a couple of hours after being sworn in, the White House website was deleted of all content on LGBTQ issues. To make that worse, Trump stated appointing an increasing amount of people who were known to be anti-LGBTQ, such as Neil Gorsuch as a Supreme Court Justice, Betsy DeVos as Secretary of Education, Ben Carson as Secretary of Housing and Urban Development, Mike Pompeo as Secretary of State, and many more (HRC). Ben Carson had been known to have stated that being gay is absolutely a choice. While Trump didnt seem to be so anti-LGBTQ with his words, much of his actions say otherwise.

Idiots Free Essays

Virus was threatened by Ranchos talent and free spirit that he tried n a number of events to ruined the friendship of Rancho with Farman and Raja. In contrast, Virus model student was Chatter Rambling. Rancho humiliates Chatter by substituting obscenities into the text as Chatter read his speech. We will write a custom essay sample on Idiots or any similar topic only for you Order Now Later, Rancho began dating Virus’s pretty daughter Pip and they fell in love to each other. A conflict came when the three students were drunk and went in Virus’s house to allow Rancho to propose to Pip. After that, Virus threatened Raja that he would be expel if he will talk to his best friends. Raja became paranoid and confused so that he decided to commit suicide because he didn’t know what to choose and what to do. Raja recovered with the help of his family and friends. After that Farman decided to pursue his passion in wildlife photography as his profession while Raja took a job interview where he passed. Virus was so heartless that he planned to fail Raja in his final exam but Pip confronted his father about it. She told Rancho about it and gave him the key. Rancho and Farman went in Virus’s house to steal the questions and gave it to Raja but he refused to cheat. Virus caught the trio and expelled them on the spot. However, Rancho gradually gained the deans respect by helping Mona to deliver her baby. Flashing back to the present day, Farman and Raja uncovered some previously unknown facts about their old friend that led them to question everything they ever thought they knew about him. Characters: Ranchos Shameless Chanced/Cheat/ Punish Waning- He was an extraordinary, unique and intelligent student who Incurred the wrath of Dry. Virus by daring to propose radical theories that directly contradicted his teacher’s lessons. Humbly of his excellence. He fell in love with Pta. His real name was Punish Waning who was a famous scientist. Pip Casehardened- She was the youngest daughter of Dry. Virus and the sister of Mona. She was a doctor who helped Rancho to take Raja’s father in the hospital. She also instructed Rancho to deliver the baby in the college common room via Voice over ‘P. She was pretty and fell in love with Ranch o. Farman Queries- He was the one who narrated the film. His passion was for wildlife photography but his father forced him to be an engineer even though it was not his freewill. But later, he convinced his father to pursue his passion as his profession with the help of his friends. Raja Ratios- His best friends were Rancho and Farman. He came from an impecunious family with a paralyzed father who was a postman and mother who was retired teacher. He tried to commit suicide by Jumping from the third floor of the building because of confusion about whom to choose between betraying his friends or letting down his family. Fortunately, he was able to survived and recovered with the help of his friends. Dry. Virus Casehardened- He was the director of ICE. Students called him Virus Just like a computer virus. He was the most competitive man they had ever seen that he couldn’t bear anyone getting ahead him. He owned the pen that he gave to Rancho because of being an excellent student. He was the father of Pip and Mona. He was he school’s uptight and heartless dean. Later, he learned from his own mistakes. Chatter Rambling- He was also known as â€Å"Silencer† and he had a difficulty speaking in Hindu. He was the model student of Dry. Virus. He was born in Uganda and completed his schooling in Benedictory. He popped pills from a local quack to sharper his memory. He always farts and blamed others for the output. He always CT of the students, ironing their clothes and many more. Presently, he works as a faculty member in Ranchos school in Lady. Comes in second rank. Man Moan- Better known as â€Å"Millimeter†. He was assigned to do chores in the amp’s such as doing project Mona Casehardened- The eldest daughter of Dry. Virus and sister of Pta. She was Borneo her baby with the help of Rancho and friends. She was a very supportive sister and she liked Rancho for Pta. Hen his accessories got messed. He didn’t deserve Pip because he only valued and treasured material things and wealth. Mr.. Queries- He was Franc’s father. He wanted his son to be an engineer but later he agreed on the decision of his son. He was a loving father who provided the needs of his son. Ranchos Shameless Chanced- He was the real Rancho. He was sent to London. He was not able to study and Cheat was the one who fulfilled his father’s dream. Shambles Chanced- He was the father of Ranchos Shameless Chanced. He sent Cheat in school because he discovered his intelligence. Joy Lobo’s father – He was a loving father who was very happy for his son was soon-to- be a graduate. Joy Lobo- Machines were his passion like Rancho. He committed suicide because Dry. Virus didn’t give him an extension for his project. Who is/ are the protagonist/s? They are three protagonist in the movie namely Rancho, Farman and Raja but for me I considered Rancho as the main character among them because as we can see in the vie the story is focus with Rancho. I would say the he is the protagonist because he is the savior and hero in the film. He always do the right things and find for everyone’s rights. He is an extraordinary and he is a role model for me. Who are the antagonists? The antagonists are Chatter Rambling and Dry. Virus Casehardened. Chatter was the mortal enemy of Rancho in academics but he always get second place. He was very boastful. Dry. Virus ruins the lives of his students. He is very cruel and strict. He is heartless that he doesn’t feel pity for every students he screwed. He makes lives miserable for the protagonists. How did the movie make you feel? When I watched the movie, I felt disappointed because it only revealed the harsh realities of our education system. It used mockery and humor to display the dark life of every students. But inside that humor, it made me felt hopeful that it also gave us an opportunity to analyze the underlying issues that need reforms. But at the end the movie made me felt that â€Å"All is Well†, Just think positive always because however What aspect of the movie did you most engage with? What will you remember? For me they were two aspects of the movie that I engaged most. First was when Mona as going to deliver his baby. In that part, I will remember that we must be united, have trust with each other and everything will be fine. How to cite Idiots, Papers