Why Bush and Lincoln Both Suspended Habeas Corpus

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. President 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. What, Really, a Time of Shame This Is... To President Bushs support for the law the Military Commissions Act of 2006 and its suspension of writs of habeas corpus, Jonathan Turley, professor of constitutional law at George Washington University 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. But It Was Not the First Time In fact, the Military Commissions Act of 2006 was not the first time in the history of the U.S. Constitution that its guaranteed right to writs of habeas corpus has been suspended by an action of the President of the United States. In the early days of the U.S. Civil War President Abraham Lincoln suspended writs of habeas corpus. Both presidents based their action on the dangers of war, and both presidents faced sharp criticism for carrying out what many believed to be an attack on the Constitution. There were, however, both similarities and differences between the actions of Presidents Bush and Lincoln. What Is a Writ of Habeas Corpus? 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 or not that prisoner had been lawfully imprisoned and, if not, whether he or she should be released from custody. A habeas corpus petition is a petition filed with a court by a person who objects to his 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 he or she has been wrongly imprisoned. Where OurRight of Habeas CorpusComes 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 only suspends 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 a 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 Lincoln s 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. On Oct. 17, 2006, President Bush suspended the constitutionally bestowed right of writs of habeas corpus. President Abraham Lincoln did the same thing 144 years ago. Both presidents based their action on the dangers of war, and both presidents faced sharp criticism for carrying out what many believed to be an attack on the Constitution. But there were some significant differences and similarities in both the circumstances and the details of the two presidents actions. Differences and SimilaritiesRecalling that the Constitution allows for the suspension of habeas corpus when Cases of Rebellion or Invasion the public Safety may require it, lets consider some of the 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 Ââ€" 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.Bot h suspensions 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. 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 or both, or neither warranted the suspension of the right of writs of habeas corpus remains open for debate.

Raise Money to Publish Your Books

Raise Money to Publish Your Books I receive a dozen requests for money to publish per week. Sometimes more. Some just want me to write them a check. Others want me to point them to a grant that covers all costs. Sometimes I can find a small grant for them to apply to (usually in the hundreds at most), but I always point them toward crowdfunding. Youd be amazed at how many people dont want crowdfunding. The reasons are crazy (and these are from actual emails): 1) You have to work too hard; 2) You have to understand how to do a video; 3) You have to know people to promote to; 4) Part of the money goes to someone else (i.e., the crowdfunding entity); 5) Most crowdfunding doesnt succeed, so the odds of failing make it not worth the trouble; 6) I dont like marketing. Well, sweet people, if you think any of the above, then you really should not be publishingperiod. You will experience all of the above (with maybe the exception of the video) in whatever publishing experience you choose. Writers all over the world are choosing crowdfunding to jump-start their books. In case you do not understand crowdfunding, it consists of this: 1) You study publishing projects on crowdfunding sites to get an idea of what makes for success. 2) You sign up with your project at one of the crowdfunding sites (Kickstarter.com, Indiegogo.com,RocketHub.com, Unbound.com, Crowdfunder.co.uk). 3) You decide how much you need (you pad it with the fee of the crowdfunding entity). 4) You decide what rewards you want to give to pledgers who offer to support your project (you work the expense of those rewards into your budget). 5) You set a time frame for supporters to pledge. 6) You post your video, budget, justification, endorsers, and/or description of your book/project. 7) You work it like a blog, a newsletter, a social media page. 8) You ask for support. You promote. You seek endorsements. Again, you promote. Learn more here: https://www.theguardian.com/books/2016/sep/14/how-kickstarter-became-one-of-the-biggest-powers-in-publishing-crowdfunding You want money to publish your book? Crowdfund. If you find you arent successful crowdfunding, then step back and study what you need to change, because its your prowess at crowdfunding that serves as a barometer as to how well youd sell any book.with any publisher.in any genre.at any time.

Film Analysis Assignment Example | Topics and Well Written Essays - 750 words

Film Analysis - Assignment Example The qualifiers are the concepts of empowerment and life satisfaction of the recovery model versus the rigid medical model traits and practices of the medical model. It means that the claim does not reject medical treatment through medicine, but focuses on the limitations of the medical model instead. a. The long shot during the voting shows empowerment as it includes all nine patients raising their hands in favor of the vote of watching the World Baseball Championship in contrast to only Nurse Ratched who is against it. 2. Backing: Cheswick points out to Ratched that he would like to watch the baseball series. The close-up shot of his face shows determination in discussing this matter with Ratched. He says that watching it can be â€Å"good therapy too† (Forman, One Flew). Cheswick shows his demand for life satisfaction through entertainment. Another example is the music that plays when McMurphy pretends to watch the baseball game. 2. Backing: Before the second round of voting for the watching of the baseball series, Cheswick argues that Ratched should not impose analysis on Billy because he does not want to talk about his problem anymore. He asks: â€Å"Why are you pressing him? Why can’t we go on to some new business, huh?† (Forman, One Flew). During this time, Nurse Ratched answers that the â€Å"business† of the meeting is â€Å"therapy† (Forman, One Flew). She is in medium-shot which shows how she firmly holds on to her pen as if she is controlling her anger because her patients are questioning her authority. She is emotionally detached to the concerns of the patient and she prefers professional distance by focusing on therapy than her patients’ current concerns on life satisfaction. 4. Backing: Even when nine patients already voted for the watching of the baseball show, Ratched includes other patients, even

Quality Improvement Research Paper Example | Topics and Well Written Essays - 750 words

Quality Improvement - Research Paper Example The foundational frameworks of quality improvement include Quality Circles (where a group of employees interact to identify and resolve problems to ensure quality), Sig Sigma (which is about ensuring high quality and attaining cost-efficiency), Benchmarking (when a company compares its products or services against competitors’ market offerings), Reduced Cycled Time (complete business process in shortest possible time) and Continuous Improvement ( process and product innovation to ensure differentiation and high quality premium products). There are differences among the definitions given by healthcare stakeholders such as Managers, Clinicians, Patients, Industry analysts and Human research specialists because of personal experiences, attitudes, behaviors, education, past experiences, skills and lifestyles. Indeed, a patient if provided all major healthcare services under one-roof in a center will express that quality of healthcare is higher. Similarly, the professionals and clinicians will express improvement in quality only when they observe any developments and advancements in technology or computerized systems, increase in facilities within a center or hospital and improvements in immediate or emergency services all across the country etc. The reason behind it is the fact that computerized systems help in accurate diagnose that in turn improves quality of services provided to patients. Similarly, more facilities at healthcare centers and emergence of new centres enhance the reach thereby enabling customers to cons ult any nearby center for healthcare. Quality improvement is not only been adopted by core profit-maximizing business enterprises but also in Healthcare industry. The reason being the fact that top quality to patients by clinicians, physicians and others etc. will result in alleviating threats of major chronic and acute illnesses that in turn will reduce financial burden on government and concerned authorities.

International Law: Piracy, Law of the Sea, and Use of Force Essay examp

This paper will answer the four questions presented below: 1. What is the jurisdiction of the International Criminal Court over piracy? 2. To what extent may European nations claim jurisdiction over acts of piracy committed off the Horn of Africa? 3. What international law enforcement co-operation mechanisms exist to assist in the investigation and prosecution of piracy committed in waters off the Horn of piracy? How these mechanisms assist in the investigation and prosecution of piracy? 4. What barriers to successful prosecution of Somalia piracy exist? What is the jurisdiction of the International Criminal Court over piracy? Explain your answer. Piracy becomes one of significant matters across regional, because the menace of piracy attack, especially in the hot spot area as the Horn of Africa is still going up and causes a plenty of loss. As piracy acts as universal crime, so that universal jurisdiction must be adapted to combat against piracy. Although, international community attempts to cope with this issue by establishing mutual-operation, but the final step is to bring pirates into legal proceeding. Some other countries seem to have a limit within their own jurisdiction, so that piracy cases may not be prosecuted after they were captured. Some countries may reluctant to participate in this content as same as reluctant to co-operate with international community. Hence, the establishment of international court which can take responsible on this matter will be an extra option to solve a problem. International criminal court is one of another option that may reduce the conflicts in the case of piracy. The jurisdiction of th e International Criminal Court can be explained under the Rome of Statue which provides a p... ...nal of International Law Rome Statue of International Criminal Court, opened for signature 17 July 1998, A/CONF.183/9 (entered into force 1 July 2002) Totten, Christopher & Bernal, Matthew, ‘Somali Piracy: Jurisdictional Issues, Enforcement Problems and Potential Solutions’ (2010) 41(2) Georgetown Journal of International Law Thedwwall, Craig, ‘Choosing the Right Yardarm: Establishing an International Court for Piracy’ (2010) 41(2) Georgetown Journal of International Law Treves, Tullio, ‘Piracy, Law of the Sea, and Use of Force: Developments off the Coast of Somalia’ (2009) 20(2) The European Journal of International Law Very, Francois, ‘African maritime Security: A Time for Good Order at Sea’ (2010) 2(4) Australian Journal of Maritime and Ocean Affairs http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-10&chapter=18&lang=en

Health Care Reform Project Essay

Introduction â€Å"By 2030, one in five Americans will be over age 65, and the healthcare system is just beginning to feel the burden. (Matthews, 2013)† Medical technologies, from the discovery of antibiotics to the portable defibrillators in nearly every workplace in the United States, have succeeded in prolonging life. In fact, humans are living about thirty years longer. (Matthews, 2013) This creates a gigantic problem for the US government: Who is paying for the health care of these aging individuals? Cause of Death for Seniors Over Sixty-Five An article in live science last year indicates that a senior over 65 years of age is most likely to die from falls resulting in head trauma. (Live science, 2013) â€Å"Traumatic brain injury (TBI) is a major cause of death and disability in the United States, contributing to about 30% of all injury deaths. Every day, 138 people in the United States die from injuries that include TBI. Those who survive a TBI can face effects lasting a few days to disabilities which may last the rest of their lives. Effects of TBI can include impaired thinking or memory, movement, sensation (e.g., vision or hearing), or emotional functioning (e.g., personality changes, depression). These issues not only affect individuals but can have lasting effects on families and communities (Centers for Disease Control and Prevention, 2014).† Falls resulting in traumatic brain injury for seniors, if the trauma is severe, may result in months – if not the remainder of the individual’s life and l eave the individual in need of around the clock nursing care. The ensuing results, if the individual survives a traumatic brain injury, may render the individual’s personality (change in mental status, mannerisms, or habits) being adversely affected to severe deficits  in the senses. The capability of walking and/or talking, the use of one or both arms, and the ability to control bodily functions are all possibilities that may occur if an individual suffers traumatic brain injury. The cost of therapy and nursing care can swiftly deplete a senior’s savings. Once stabilized, following the occurrence, an individual, if the individual is able to ambulate sufficiently returns, he or she may live for additional decades. If the ability to ambulate is grossly affected, despite adequate care, the individual stands to experiences frequent battles with lung infections, which may eventually lead to death. Regardless, beyond 65 years of age with one or more chronic diseases, the need for assistances will grow with each year. According to Matthews, seniors tend to â€Å"romanticize† the past – a time when families took care of their elders, often at home. If a senior is in anticipation of this happening, chances are the realization dwindles with each passing year. (Matthews, 2013) Most of the baby boomers with chronic illness will require nursing home care and will rely upon Medicare and Medicaid to withstand paying for it. Who Pays for Baby Boomer’s Health Care? Couples turning sixty-five now should assume their portion of long term health care will be a minimum of $220,000 or more out of pocket. Most baby boomers have $50,000 or less when sixty-five rolls around and will expect to rely solely on Medicare and Medicaid. (Gleckman, 2013) This mindset is unrealistic. The number of people already dependent on these systems that are under sixty-five has nearly bankrupts the systems and the anticipation of the addition of large numbers of baby boomers certainly more than justifies the need for Health Care Reform. Conclusion Many baby boomers failed to prepare for the high health costs associated with aging. Medical technology has prolonged life. However, for all the technology, nothing was done to ensure the baby boomers (or those younger than the â€Å"boomers†) retained adequate savings to meet the high cost of health care. Realistically, a twenty-five year old couple – each earning minimum wage – has a gross salary of $580 per week, $2,513 per month. The couple would have to save 25% of their gross salary to come â€Å"close† to the amount needed to cover out of pocket expenses after sixty-five years of age.  (Gleckman, 2013) In today’s society, is that reality? What happens then? Baby Boomer’s reality check has yet to reach full impact. It is going to take tremendous government change and far more restraint on the US citizen to pay for senior care in the future. References Centers for Disease Control and Prevention (June, 2014). Injury & Prevention & Control: Traumatic Brain Injury. Retrieved from http://www.cdc.gov/traumaticbraininjury/get-the-facts.html Gleckman, H. (5/22/2013). Why Baby Boomers Need to Get Real About Health and Long-Term-Care Costs in Retirement. Retrieved from http://www.forbes.com/sites/howardgleckman/2013/05/22/why Live science (January 15, 2013) what’s the leading cause of death for the elderly Retrieved from http://wwwlivescience.com/32413-what’s-the-leading-cause-of-death Matthews, S. (10/03/2013). How the Aging Population is changing the Health Care System. Retrieved from http://www.everydayhealth.com/senior-living/aging-and-health WHO, International (May, 2014). The top 10 causes of death. Retrieved from http://www.who.int/mediacentre/factsheets/fs310/ent

Essay about Kantian vs Utilitarian Ethical Parameters

The task that stands before me in this paper is to address two situations and determine the ethical parameters in which a person should act. The two philosophical approaches that I will examine the situations with the Kantian and Utilitarian point of view. Kant deciphers his ethical questions by examining a persons motivation for performing an act regardless of the consequences. A person who utilizes the Kantian view believes that the only pure good is pure human reason without consequences. This pure human reason works without the influence of human emotions and desires. A truly good act as defined by Kant is performed because of an obligation to the categorical imperative. The objectives and personal agendas of the individual†¦show more content†¦Any form of stealing is wrong according to Kant. This is a strong argument because it stands firm in that it is wrong to steal. We are in a society that has laws and regulations against stealing this keeps order in society. The Kantian view does not waver despite the possible physical and emotional needs of the thief. Kant doesnt make exceptions for the poor and unfortunate. A person using the Utilitarian ethic code would look at the situation then examine the consequences of the action taken. The millionaire doesnt have a clue that the money is gone. As a result of this stealing the man has brought happiness to himself, his family, and to the community around him because they dont have to support them. The heavy burdens of poverty and despair have been vanquished. The burdens of oppression are availed and the family can rise in class and social status among their peers. The only downside is the fear of being exposed. If the thief was found out he could lose his freedom, possessions, and respect of his peers after the discovery of his treachery. But if the thief remained undiscovered he has made everybody happier. By being a sufficient, integral member of society he is making everybody happier. This analysis is favoring the thief, stealing is not looked upon as a bad deed. People get jailed, executed, or have body parts removed for theft but in the utilitarian view he gets away with it as long as he is not found out. The negative part of thisShow MoreRelatedMetz Film Language a Semiotics of the Cinema PDF100902 Words   |  316 Pageslife I am recounting to him ceases to be lived as it is being told); the viewer of television news does not consider himself a direct witness to the event the images bring to him. Reality assumes presence, which has a privileged position along two parameters, space and time; only the here and now are completely real. By its very existence, the narrative suppresses the now (accounts of current life) or the here (live television coverage), and most frequently the two together (newsreels, historical accounts