Civil Liberties Essays and Research Papers

Instructions for Civil Liberties College Essay Examples

Title: civil liberties

  • Total Pages: 2
  • Words: 716
  • Sources:2
  • Citation Style: APA
  • Document Type: Essay
Essay Instructions: Civil Liberties Assignment

The Supreme Court is constantly exploring the limits of our civil liberties. Everybody knows that we are guaranteed the freedom of speech in the Bill of Rights amendments to our Constitution. But you can't yell "Fire!" in a crowded theater. You can't slander someone without consequences. You can't tell secrets that jeopardize national security in many instances, especially during wartime. We have the right to bear arms, but I can't buy a machine gun or a bazooka, much less carry one around. We have the freedom of the press, but you can't libel someone without consequences. As we learned last week, you can even stage protests at soldiers' funerals

Where are the limits to our civil liberties? Where does my exercise of my rights begin to intrude on your exercise of yours?

The Fourth Amendment says, in part, that the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated...," but the Supreme Court is constantly reviewing and redefining what "unreasonable" means.

Antoine Jones was a nightclub manager who allegedly made a lot of money dealing cocaine. To help track his movements, police officers attached a GPS tracking device to his car, without obtaining a warrant. They argued that since police can covertly follow a car on any public street without obtaining a warrant, this was no different. The GPS device didn't tell them anything an undercover 'tail" couldn't tell them, it was just more accurate, and cheaper than the personnel costs of a live undercover surveillance operation. With the GPS tracking device, it was easy to link Mr. Jones to a wide range of illegal narcotics dealing, but his attorney argued that placing something on his car without a warrant violated Mr. Jones' Fourth Amendment rights - that the placement of the device constituted an illegal "search" Who's right?

Find a U.S. Supreme Court case decided in January, 2012, called United States v. Jones.

Write an essay about the case. Make sure to cover:

What are the basic facts of the case?
What was the decision of the majority, and why?
What was the reasoning behind the ruling?
If you were on the Supreme Court, how would you rule, and why?
Read the Fourth Amendment to the U.S. Constitution. These words were written in the 1790s, but think about them in the context of an age with email, cell phones, high-resolution satellite photography and infra-red sensors that can detect the heat generated by indoor marijuana plants from outside the building. Where do you think a government search crosses the line from reasonable to unreasonable? Give some examples.
Submit this assignment in Microsoft Word. Cite your sources.

Resources you may use:

The U.S. Supreme Court's Website: http://www.supremecourtus.gov/

The Legal Information Institute at Cornell University: http://supct.law.cornell.edu/supct/index.html

The Washington Post has an excellent page on Supreme Court issues. You may have to register one time to get to the page, but it's free:
http://www.washingtonpost.com/wp-dyn/nation/courts/supremecourt/

The New York Times compiles its Supreme Court Coverage here: http://topics.nytimes.com/top/reference/timestopics/organizations/s/supreme_court/index.html?scp=1-spot&sq=supreme%20court&st=cse.

The Times a good article about the case here: http://online.wsj.com/article/SB73358.html

As always, the ScotusBlog has a wealth of information about this case. You can even listen to the audio of the lawyers arguing their case before the court.

Orin Kerr, at the Volokh Conspiracy blog, thinks the decision is more complicated than it appears.

As usual, the ACLU has strong feelings about this issue: http://www.aclu.org/technology-and-liberty/us-v-jones

The Christian Science Monitor has a good article about he case: http://www.csmonitor.com/USA/Justice/2012/0123/Unanimous-Supreme-Court-Get-a-warrant-before-installing-GPS-tracking-device

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Sources:

Works Cited:

"Online Law Library - Case Summary." Applied Discovery. Applied Discovery, Inc., n.d. Web. 27 Oct. 2012. .

"UNITED STATES v. JONES." U.S. Supreme Court Media. Oyez, Inc., n.d. Web. 27 Oct. 2012. .

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Title: Civil Liberties Habeas Corpus War Terror subtopics Explain historical evolution habeas corpus including English American traditions The explanation evolution American tradition include general meaning habeas corpus U

  • Total Pages: 6
  • Words: 1862
  • References:7
  • Citation Style: MLA
  • Document Type: Research Paper
Essay Instructions: Civil Liberties, Habeas Corpus, and the War on Terror

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 six, 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.

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References:

Works cited:

Dueholm, J.A. "Lincoln's Suspension of the Writ of Habeas Corpus: An Historical and Constitutional Analysis," Retrieved September 17, 2013, from http://quod.lib.umich.edu/j/jala/2629860.0029.205?rgn=main;view=fulltext

Garcia, M.J. "Boumediene v. Bush: Guantanamo Detainees' Right to Habeas Corpus," Retrieved September 17, 2013, from http://www.fas.org/sgp/crs/natsec/RL34536.pdf

Schultz, D.A. (2009). Encyclopedia of the United States Constitution. Infobase Publishing.

Vile, J.R. (2010). A Companion to the United States Constitution and Its Amendments. ABC-CLIO.

(2009). "The Debatabase Book: A Must-have Guide for Successful Debate"

"HABEAS CORPUS," Retrieved September 17, 2013, from http://www.law.cornell.edu/wex/habeas_corpus

(2009). "The Debatabase Book: A Must-have Guide for Successful Debate"

"WRIT OF HABEAS CORPUS," Retrieved September 17, 2013, from http://www.stanford.edu/group/psylawseminar/Habeas%20Corpus.htm

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Title: habeas corpus war on terror

  • Total Pages: 5
  • Words: 1447
  • Works Cited:5
  • Citation Style: APA
  • Document Type: Essay
Essay Instructions: Civil Liberties, Habeas Corpus, and the War on Terror

The purpose of the Final Paper is to give you an opportunity to apply much of what you have learned about American national government to an examination of civil liberties in the context of the war on terror.

Soon after the U.S. invasion of Afghanistan in 2001, the Bush administration developed a plan for holding and interrogating captured prisoners. They were sent to a prison inside a U.S. naval base at Guantanamo Bay, on land leased from the government of Cuba. Since 2002, over 700 men have been detained at "GITMO." Most have been released without charges or turned over to other governments. In 2011, Congress specifically prohibited the expenditure of funds to transfer GITMO prisoners to detention facilities in the continental United States, making it virtually impossible to try them in civilian courts. As of April 2012, 169 remained in detention at GITMO (Sutton, 2012).

An assumption made by the Bush administration in selecting this location was that it was beyond the jurisdiction of U.S. courts. The administration wanted to avoid any judicial oversight of how it handled detainees, characterized as "enemy combatants." A possible legal challenge to indefinite detention with no formal charges or judicial proceedings might arise from the habeas corpus provision of the Constitution.

Article I, Section 9 of the Constitution 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." Under this provision, persons detained by the government are entitled to a judicial hearing to determine if there is any legal basis for their detention. Some legal commentators refer to the right of habeas corpus as the "great writ of liberty" because it is a prisoner's ultimate recourse to an impartial judge who can review the possibility that he is being held illegally by the executive (e.g., the police or the military). In nations that do not honor habeas corpus, people simply disappear into prisons without ever having their day in court.

Several controversial Supreme Court cases have come out of GITMO. One fundamental question that has been debated, but not clearly resolved, is to what extent the war on terror justifies the President's indefinite detention of "enemy combatants" without the possibility of the minimal judicial review protected by habeas corpus? Another issue in the debate is to what extent Congress must clearly authorize the President to conduct extra-judicial detentions in order for them to be legal? In 2008, the Supreme Court’s decision in Boumediene v. Bush offered some answers to these questions. However, the deeply divided 5-4 Court and the likelihood of the protracted nature of the war on terror suggest that debate around these important questions will continue. Writing the Final Paper in this course will prepare you to participate intelligently as a citizen in this ongoing debate.

Write an essay about the right of habeas corpus in the context of the war on terror. Your essay should address the following subtopics:
The general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties.
The historical evolution of habeas corpus, including its English and American traditions.
Examples from U.S. history of the "suspension" of habeas corpus and their applicability to the present.
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."
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).
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 :
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
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 6, above (your evaluation of arguments about 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, 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, 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 professional 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 1500 words in length and formatted according to APA style. Cite your sources within the text of your paper and on the reference page. For information regarding APA, including samples and tutorials, visit the Ashford Writing Center within the Learning Resources tab on the left navigation toolbar.

Carefully review the Grading Rubric for the criteria that will be used to evaluate your assignment.

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References

Gaffney, M. (2009). "Boumediene v. Bush: Legal realism and the war on terror." Harvard Civil Rights-Civil Liberties Law Review, Vol. 44.

Martinez, J. (2008). "Process and substance in the "war on terror." Columbia Law Review, Vol. 108, No. 5.

Terry, J. (2008). "Habeas corpus and the detention of enemy combatants in the war on terror." Joint Force Quarterly, Issue 48.

Waxman, M. (2009). "Guantanamo, habeas corpus, and standards of proof: viewing the law through multiple lenses." Columbia Public Law & Legal Theory Working Papers. Paper 9173.

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Title: Civil Liberties and Terrorism 9 11

  • Total Pages: 4
  • Words: 1471
  • Bibliography:4
  • Citation Style: MLA
  • Document Type: Research Paper
Essay Instructions: I have a persuasive essay regarding the ongoing conflict between civil liberties and privacy and the need for government surveillance of its citizens to protect the homeland. My thesis is that the citizens of the United States should be willing to give up some of their civil liberties for the protection of the homeland. Monitoring of text, voice, web sites, airport security searches, etal. should be allowed.

Our founding fathers could not have possibly envisioned the suicide bombers, weapons of mass destruction, nor the terroristic environment we are faced with on a daily basis.

We simply cannot bury our heads in the sand and hope nothing else happens in the context of 9/11. We must also never forget that homegrown terrorism like we experienced in Oklahoma City was committed by a US citizen. Further, the terrorist we face today, recruit within our borders and this is something we must consider as well.

Patriot Act?

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Bibliography:

Works Cited

Abdolian, Lisa F., and Harold Takooshian. "The U.S.A. Patriot Act: Civil Liberties, the Media, and Public Opinion." Fordham Urban Law Journal 30.4 (2003): 1429-1440. Print.

Davis, Darren W., and Brian D. Silver. "Civil Liberties vs. Security: Public Opinion in the Context of the Terrorist Attacks on America." American Journal of Political Science.48.1 (2004): 28-46. Print.

Domke, David, Erica Graham, Kevin Coe, Sue L. John, and Ted Coopman. "Going Public as Political Strategy: The Bush Administration, an Echoing Press, and Passage of the Patriot Act." Political Communication 23.3 (2006): 291-312. Print.

Leone, Richard C, and Greg Anrig. The War on Our Freedoms: Civil Liberties in an Age of Terrorism. New York: BBS PublicAffairs, 2003. Print.

Marcovitz, Harold. Privacy Rights and the Patriot Act. Edina, MN: ABDO Pub. Co, 2008. Print.

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