The The ENLIGHTENMENLIGHTENM

ENTENT

Ben Franklin John Locke

TheThe

ENLIGHTENMENTENLIGHTENMENT

Emphasizes science and reason over religion and

superstitionSays the universe can be understood in terms of

natural laws

TheThe

ENLIGHTENMENTENLIGHTENMENT

Emphasizes science and reason over religion and

superstitionSays the universe can be understood in terms of

natural laws

John LockeJohn LockeJohn LockeJohn Locke

English philosopher

•Argues that people have natural rights including life, liberty, and property

•People create governments to protect these rights

•If those governments fail in their duty, people have a right to change them

MAGNA CARTA

Latin ~ “great charter” literally “great paper”

required the king to renounce certain rights, respect certain legal procedures and accept that the will of the king could be bound by law.

the most significant early influence on the long historical process that led to the rule of constitutional law today.

The meadow at Runnymede, England

King John I signs Magna Carta in 1215

TO ALL FREE MEN OF OUR KINGDOM we have also granted, for us and our heirs for ever, all the liberties written out below…

(38) In future no official shall place a man on trial upon his own unsupported statement, without producing credible witnesses to the truth of it.

(39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful

judgment of his equals or by the law of the land.

TO ALL FREE MEN OF OUR KINGDOM we have also granted, for us and our heirs for ever, all the liberties written out below…

(38) In future no official shall place a man on trial upon his own unsupported statement, without producing credible witnesses to the truth of it.

(39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful

judgment of his equals or by the law of the land.

Why am I

being

thrown in

jail?

A writ of habeas corpus is a court order addressed to a prison official or judge ordering that a detainee be brought to the court so it can be determined whether or not that person is imprisoned lawfully, and whether or not he or she should be released from custody.

Latin : “produce the body”

US CONSTITUTION

ARTICLE 1, Section 9

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.

BILL OF RIGHTS, 1791

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

MILITARY COMMISIONS ACT 2006

SEC. 7. HABEAS CORPUS MATTERS.

‘‘(e)(1) 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 …

MILITARY COMMISIONS ACT 2006‘‘§ 948a. Definitions ‘‘(1) UNLAWFUL ENEMY COMBATANT.—

(A) The term means—

‘‘(i) a person who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents who is

not a lawful enemy combatant (including a person who is part of the Taliban, al Qaeda, or associated

forces);”

or

‘‘(ii) a person who, before, on, or after the date of the enactment of the Military Commissions Act of 2006

has been determined to be an unlawful enemy combatant by a Combatant Status Review Tribunal established under the authority of the President or

the Secretary of Defense.”

Q: CAN SOMEONE BE HELD IN JAIL WITH CHARGES?

QATAR – Middle Eastern nation in the Persian Gulf

- His family moved to Illinois on SEPT 10, 2001

- Government says he’s a “sleeper agent” (terrorist)

Q: CAN THE PRESIDENT NAME ANYONE AN ENEMY AND LOCK THEM UP FOREVER?

Q: WHAT IS THE “BATTLEFIELD” TODAY?

Q: IS IT EVERYWHERE?

IF SO, ARE WE ALL SUSPECTS?

RADIO SPOT from Wednesday OCTOBER 31

AGREE DISAGREE

The right of habeas corpus is important to a free society.

The US Constitution is clear about when habeas corpus can be suspended.We shouldn’t worry so much about a few people in jail… THIS IS WAR!The Military Commissions Act of 2006 protects my right of Habeas Corpus.

FREEDOM SECURITY

What is more important?