The
ENLIGHTENM
ENT
Ben Franklin
John Locke
The
ENLIGHTENMENT
Emphasizes science and
reason over religion and
superstition
Says the universe can be understood in terms of
natural laws
English
philosopher
•Argues that people
have natural rights
including life, liberty,
and property
•People create
governments to
protect these rights
John Locke
•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.
Latin : “produce the body”
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.
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.”
RADIO SPOT from Wednesday OCTOBER 31
Q: WHAT IS THE “BATTLEFIELD” TODAY?
Q: CAN SOMEONE BE HELD IN JAIL WITH CHARGES?
Middle Eastern nation in the Persian Gulf
Q:QATAR
IS IT– EVERYWHERE?
- His family moved to Illinois on SEPT 10, 2001
IF SO, ARE WE ALL SUSPECTS?
- Government says he’s a “sleeper agent” (terrorist)
Q: CAN THE PRESIDENT NAME ANYONE AN ENEMY AND LOCK THEM UP FOREVER?
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AGREE
DISAGREE
What is more important?
FREEDOM
SECURITY