Habeas Corpus: The Guantanamo Cases

One of our oldest human rights, habeas corpus safeguards individual freedom by preventing unlawful or arbitrary imprisonment. This documentary examines habeas corpus and the separation of powers in the aftermath of the 9/11 attacks as the Supreme Court tried to strike a balance between the president’s duty to protect the nation and the constitutional protection of civil liberties in four major Guantanamo Bay cases: Hamdi v. Rumsfeld, Rasul v. Bush, Hamdan v. Rumsfeld and Boumediene v. Bush.
Closed captions available in English and Spanish.

Lincoln and the “Writ of Liberty”

The actual right of habeas corpus is not stated anywhere in the Constitution or the Bill of Rights. The authors of these documents apparently believed that habeas corpus was such a fundamental liberty that it needed no further guarantee in writing. The only mention of the writ of habeas corpus in the Constitution relates to when it can be taken away from judges. On September 24, 1862, Lincoln issued a proclamation unprecedented in American history. He suspended the writ of liberty everywhere in the United States.

Rights at Risk in Wartime

The terrorist attacks on Sept. 11, 2001, stunned the nation. As commander-in-chief, President George W. Bush responded quickly but soon all three branches of government would be embroiled in the struggle to balance national security with the protection of individual liberties amid a war on terror. This lesson plan is based on the Annenberg Classroom video “Habeas Corpus: The Guantanamo Cases.” The four cases are examples of how the Supreme Court, the president and Congress fought to balance national security and civil liberties during the war on terror. At the heart of each case was the constitutional right of habeas corpus, the right to have one’s detention or imprisonment reviewed in court.

Grades 9-12
Foundations of Democracy
Lesson Plans

Abraham Lincoln and Executive Power

This lesson traces the rise of Abraham Lincoln from his humble beginnings to the presidency. It examines Lincoln’s ideas and decisions regarding slavery and the use of presidential power to preserve the Union during the Civil War. After the lesson, students should be able to explain how Lincoln overcame daunting disadvantages to become a great president, analyze and evaluate his decisions in response the critical constitutional issues of the Civil War, and understand and appreciate his legacy to American constitutionalism and citizenship.

Grades 9, 10
Foundations of Democracy
Lesson Plans