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Wednesday, January 24, 2007

Um, Article I, Section 9?

So, according to the Attorney General for the United States, Alberto Gonzalez, the U.S. Constitution does NOT protect the right of an individual to petition for habeas corpus. Are you kidding me?? Okay, so I might be biased, but a) HC is specifically discussed as a right in the Constitution, b) the right was crafted from British law and c) it's one of the most fundamental protections in democracy from arbitrary imprisonment by the government against an individual citizen.

For real, Alb? For REAL? I thought that we're supposed to be spreading freedom and democracy, and yet YOU cannot find protection for HC in the Constitution -- the bedrock of our democratic state? What the FUCK are they teaching you Harvard grads anyway?

Check out the exchange between Gonzalez and Senator Arlen Specter (R-PA) at the Senate Judiciary Committee hearing Jan. 17:

Gonzales: There is no express grant of habeas in the Constitution. There's a prohibition against taking it away. ...

Specter: Wait a minute. Wait a minute. The Constitution says you can't take it away except in cases of rebellion or invasion. Doesn't that mean you have the right of habeas corpus unless there's an invasion or rebellion?

Gonzales: I meant by that comment, the Constitution doesn't say every individual in the United States or every citizen is hereby granted or assured the right to habeas. Doesn't say that. It simply says the right of habeas corpus shall not be suspended except...

Specter: You may be treading on your interdiction and violating common sense, Mr. Attorney General.

Comments

Way to keep it real, Specter! (I see him in the locker room at the gym after he plays squash, he is the man).

Posted by: Matt Hagarty | Sunday, January 28, 2007

Way to keep it real, Specter! (I see him at the gym playing squash, he is still the man after all these years).

Posted by: Matt Hagarty | Sunday, January 28, 2007

Specter is one of my fav senators. Stacita -- I just d/l'ed your CA PR outline. Thanks. My flashcards kinda suck on this subject.

T-Minus one month biatch!

Posted by: Dean | Sunday, January 28, 2007

We take habeas rights away all the time. Successive petitions, various other AEPA restrictions, etc. There's nothing in the Constitution's text that says you have a right to unfettered habeas applications.

Now, I think Gonzalez is taking a stronger position than that, but let's at least acknowledge that habeas rights aren't what they used to be in this country, and very few people are screaming about AEDPA.

Posted by: wt | Monday, January 29, 2007

The comments are closed.