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The final assignment for this course is a Final Paper. The

    The final assignment for this course is a Final Paper. The purpose ofthe Final Paper is to give you an opportunity to apply much of what youhave learned about American national government to an examination ofcivil liberties in the context of the war on terror. The Final Paperrepresents 20% of the overall course grade.Soon after the U.S. invasion of Afghanistan in 2001, the Bushadministration developed a plan for holding and interrogating capturedprisoners. They were sent to a prison inside a U.S. naval base atGuantanamo Bay, on land leased from the government of Cuba. Since 2002,over 700 men have been detained at Gitmo. Most have been releasedwithout charges or turned over to other governments. In 2011, Congressspecifically prohibited the expenditure of funds to transfer Gitmoprisoners to detention facilities in the continental United States,making it virtually impossible to try them in civilian courts. As ofApril 2012, 169 remained in detention at Gitmo (Sutton, 2012). An assumption made by the Bush administration in selecting this locationwas that it was beyond the jurisdiction of U.S. courts. Theadministration wanted to avoid any judicial oversight of how it handleddetainees, characterized as enemy combatants. A possible legal challengeto indefinite detention with no formal charges or judicial proceedingsmight arise from the habeas corpus provision of the Constitution.Article I, Section 9 of the Constitution states, ‘The Privilege of theWrit of Habeas Corpus shall not be suspended, unless when in Cases ofRebellion or Invasion the public Safety may require it.’ Under thisprovision, persons detained by the government are entitled to a judicialhearing 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 toan impartial judge who can review the possibility that he is being heldillegally by the executive (e.g., the police or the military). Innations that do not honor habeas corpus, people simply disappear intoprisons without ever having their day in court. Several controversial Supreme Court cases have come out of Gitmo. Onefundamental question that has been debated, but not clearly resolved, isto what extent the war on terror justifies the President’s indefinitedetention of enemy combatants without the possibility of the minimaljudicial review protected by habeas corpus? Another issue in the debateis to what extent Congress must clearly authorize the President toconduct extra-judicial detentions in order for them to be legal? In2008, the Supreme Court’s decision in Boumediene v. Bush offeredsome answers to these questions. However, the deeply divided 5-4 Courtand the likelihood of the protracted nature of the war on terror suggestthat debate around these important questions will continue. Writing theFinal Paper in this course will prepare you to participateintelligently as a citizen in this ongoing debate.Write an essay about the right of habeas corpus in the context of thewar on terror. Your essay should address the following subtopics:Explain the historical evolution of habeascorpus, including its English and American traditions. The explanationof its evolution within the American tradition should include thegeneral meaning of the right of habeas corpus in the U.S. Constitutionand 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 thecontemporary U.S. situation during the war on terror, especially withrespect to persons characterized by as enemy combatants or illegalcombatants. Explain the U.S. Supreme Court’s interpretationof the right of habeas corpus with respect to enemy combatants orillegal combatants (i.e., the views of the five justices making up themajority in Boumediene v. Bush as well as the views of the four dissenting justices). Evaluate a minimum of four perspectives on thistopic expressed by justices of the Supreme Court, leaders in otherbranches of government, and commentators in both the academic andpopular media. Your evaluation should consider perspectives on thefollowing 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 protectingcivil liberties, including the judicial philosophy which should guidethe Court in this role, and In your evaluation, you should also includeyour personal philosophy, values, or ideology about the balance betweencivil liberties and national security in the context of an unending waron 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 introductoryparagraph which includes a clear thesis statement. The thesis statementmust 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 away that leads to the conclusion, and that development must be supportedby facts, fully explained concepts and assertions, and persuasivereasoning. The paper must address all subtopics outlinedabove. At least 20% of the essay must focus on subtopic five, listedabove (your evaluation of perspectives on the topic). Your paper must cite at least three academicarticles (excluding the course textbook) and at least four other kindsof sources (e.g., Supreme Court opinions, magazine or newspaperarticles, the course textbook, and reliable websites or videos). Use your own words. While brief quotes fromsources may be used, altogether the total amount of quoted text must beless than five percent of the body of your paper. When you use someone else’s words, they must beenclosed in quotation marks followed by an APA in-text short citation(author, year, and page) to your source. The in-text citation mustcorrespond to a full APA citation for the source on the reference pageat the end of the essay. When you express in your own words someone else’sideas, arguments or facts, your statement must be followed by an APAin-text short citation (author, year, and page) to your source. Thein-text citation must correspond to a full APA citation for the sourcein the reference page. The form of the title page, the body pages, andthe reference page must comply with APA style. Additionally, the titlepage must include the course number and name, the instructor’s name, andthe date submitted. The paper must use logical paragraph and sentencetransitions, complete and clear sentences, and correct grammar,spelling, and punctuation. For this paper you need to do research in peer-reviewedjournals or other sources that are considered to have reliableinformation. In addition to your required course text, you need at leastseven scholarly sources, three of which must be peer-reviewed journalarticles 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 endingwith a web URL suffix of .edu or .gov) may be appropriate in some casesbut should be evaluated carefully. Please visit the Academic Research section on your coursehomepage (accessible through the Student Responsibilities and Policiestab on the left navigation toolbar) to review what types of materialsare not acceptable for academic, university level research.The paper must be at least 1,500 words in length and formatted accordingto APA style. Cite your sources within the text of your paper and onthe reference page. For information regarding APA, including samples andtutorials, visit the Ashford Writing Center within the LearningResources tab on the left navigation toolbar.

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