Habeas Corpus et. al.
Nothing is more central to the rights of the citizens of the United States than habeas corpus. The actual term is well known, though I suspect many do not really know the meaning. If they did I believe they would have been raising bloody cane when the administration effectively removed it from our Constitution with the passage and signing of the Military Commissions Act.
Habeas Corpus literally comes from Latin and means 'you should have the body'. This writ is specifically meant to protect us from unlawful imprisonment. It is the fundamental right that protects us and guarantees the other rights in our constitution. It is the particular guarantee that we have the right to know the charges against us, the right to counsel, and the right to a trial by a jury of our peers. So how could we ever concede letting that right be taken from us?
Certainly, the Constitution includes a clause on particular times that the writ of habeas corpus could be suspended. Our founding fathers based this on the common law usage in England. This clause states 'The privilege of the writ of habeas corpus shall not be suspended, unless when is cases of rebellion or invasion the public safety may require it'. We are not, and have not been, in a state of rebellion or invasion.
It is possible to think that this was necessary to insure our security and that it would not be used against our citizens. That would be wrong to do so however. There have been at least three US Citizens arrested on US soil and designated by President Bush as enemy combatants. These citizens were taken to Guantanamo Bay Detention Camp and held for up to three years without any contact to counsel or even knowing what their charges were. We are better than this as a country.
How many rights must we give up to protect ourselves. Habeas corpus? The right to privacy? We must raise our voices in unison and in union to make sure our constitutional rights are restored and protected. It is OUR republic and it is up to us to safeguard it from threats from within and from without. Those threats do not always appear to be frightening, and some of the most insidious are those that make us think they are for our own good.
When we give up our rights, what will we be fighting to protect? When we act like those who would terrorize us, how can we say we are better?
No one person and no one party loves this country, it's constitution, or it's institutions more than the other. There are individuals that are more passionate in their beliefs than others, and there are those that are more ambitious for personal glory than others. This isn't a party position. It is an American position.
Look at the results of what has been done and correct it. This is the greatest country known in history. Let us resolve to keep it so.
Habeas Corpus literally comes from Latin and means 'you should have the body'. This writ is specifically meant to protect us from unlawful imprisonment. It is the fundamental right that protects us and guarantees the other rights in our constitution. It is the particular guarantee that we have the right to know the charges against us, the right to counsel, and the right to a trial by a jury of our peers. So how could we ever concede letting that right be taken from us?
Certainly, the Constitution includes a clause on particular times that the writ of habeas corpus could be suspended. Our founding fathers based this on the common law usage in England. This clause states 'The privilege of the writ of habeas corpus shall not be suspended, unless when is cases of rebellion or invasion the public safety may require it'. We are not, and have not been, in a state of rebellion or invasion.
It is possible to think that this was necessary to insure our security and that it would not be used against our citizens. That would be wrong to do so however. There have been at least three US Citizens arrested on US soil and designated by President Bush as enemy combatants. These citizens were taken to Guantanamo Bay Detention Camp and held for up to three years without any contact to counsel or even knowing what their charges were. We are better than this as a country.
How many rights must we give up to protect ourselves. Habeas corpus? The right to privacy? We must raise our voices in unison and in union to make sure our constitutional rights are restored and protected. It is OUR republic and it is up to us to safeguard it from threats from within and from without. Those threats do not always appear to be frightening, and some of the most insidious are those that make us think they are for our own good.
When we give up our rights, what will we be fighting to protect? When we act like those who would terrorize us, how can we say we are better?
No one person and no one party loves this country, it's constitution, or it's institutions more than the other. There are individuals that are more passionate in their beliefs than others, and there are those that are more ambitious for personal glory than others. This isn't a party position. It is an American position.
Look at the results of what has been done and correct it. This is the greatest country known in history. Let us resolve to keep it so.
posted by NHThomas | 11:54 PM
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