Question

The bush administration argued that the military commissions act of 2006 allowed the indefinite incarceration of enemy combatants. however in 2008 the supreme court granted such people the right to habeas corpus. this meant that imprisoned enemy combatants have the right to

Answer 1

Seeing a judge and requesting a release.

Habeaus corpus allows a person to request the right to see judge and request release from prison. Essentially in America it give a person protection under the Fifth and Sixth Amendments.

In the case described above, enemies of war had historically not be granted the rights of habeaus corpus and/or the protection of the Fifth and Sixth Amendments. In recent years, the view has changed with humanitarian rights organizations suggesting that any person arrested under the US system should be provided the US rights for imprisonment, trial, and court. This suggests that even enemies of the state must be allowed an opportunity to see a judge or go through court proceedings.