The ENLIGHTENMENT

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The ENLIGHTENMENT
Ben Franklin
John Locke
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The ENLIGHTENMENT Emphasizes science and reason
over religion and superstition Says the universe
can be understood in terms of natural laws
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• 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

John Locke
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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.
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The meadow at Runnymede, England
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King John I signs Magna Carta in 1215
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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.
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HABEAS CORPUS
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.
Why am I being thrown in jail?
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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.
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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.
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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
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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.
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RADIO SPOT from Wednesday OCTOBER 31
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 hes 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?
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The right of habeas corpus is important to a free
society.
The US Constitution is clear about when habeas
corpus can be suspended.
We shouldnt worry so much about a few people in
jail THIS IS WAR!
The Military Commissions Act of 2006 protects my
right of Habeas Corpus.
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