3 Detainee Questions

The U.S. Supreme Court ruled yesterday that terrorism suspects detained by the U.S. military at Guantanamo Bay have the right to challenge their incarceration in U.S. federal courts. The narrow 5-4 ruling provoked stinging dissent from the justices who voted against it and stoked more controversy over the rights--or lack thereof--of the "enemy combatants" at Guantanamo Bay.

Defenders of the court's decision say it preserves and extends a basic civil right--the fundamental protections afforded by the "Great Writ" of habeas corpus. Critics say it undercuts America's ability to defend itself and extends constitutional protections to enemies who, as non-U.S. citizens, have no right to them.

We say it's time to consider three questions more closely. How did the United States wind up in Guantanamo Bay to begin with? Just how important is habeas corpus? And when, if ever, is it right to suspend the "Great Writ"? We don't claim to have simple answers to all of these questions. But we do have ready resources to help you think them through.

Question 1: How Did We Get to "Gitmo"?

The U.S. military detainment camp at Guantanamo Bay has been causing controversy for years--ever since the U.S. government started detaining suspected terrorists there to keep them away from U.S. soil (and civilian courts). But how did the United States wind up with beachfront property in communist Cuba to begin with? Find out when you . . .

Go to Guantanamo

Question 2: How Important Is Habeas Corpus?

At the heart of the debate about detainees lies an age-old legal doctrine: "habeas corpus." Just how important are habeas corpus rights? Well, U.S. citizens generally regard the Bill of Rights as freedom's most fundamental guarantee. But the Constitution's framers treated habeas corpus as even more fundamental than that. To see why, say . . .

Show me the body

Question 3: When Should We Suspend Habeas Corpus?

"Okay," you say, "I see that habeas corpus rights are key. But can they ever be legitimately suspended?" Abe Lincoln thought they could be. In fact, honest Abe suspended habeas corpus for years--even for U.S. citizens. Why? Think back seven score and seven years, then ask . . .

What would Lincoln do?