Jackleg Thinktank

Thursday, January 03, 2008

Habeas Corpus--Show Me the Body!

My own understanding of habeas corpus is that a person has a right to appear in court to seek relief for himself or someone else from unlawful detention by a government. Many scholars see it as the most important protection for the individual from the state. Our Founding Fathers thought habeas corpus was so essential to liberty that it was mentioned in Article One, 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.

In fact, habeas corpus was suspended during the Civil War and probably in compliance with the Constitution since there was a rebellion and an invasion (of the United States of America by the Confederated States of America).

Today, our government does not face a rebellion or an invasion, so why is this administration trying to suspend habeas corpus first for non-citizens and then for citizens? Are they tired of freedom? Why does George Bush hate the Constitution?

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