Yes, Mr. Specter clearly did make the statement that Habeas has existed for centuries – and he opposes Mr Gonzales’ position. But, the point made here is that he didn’t stand up to the test of an “ardent supporter” of the 10th Amendment – by citing the fact that such arbitrary restriction/suspension of Habeas Corpus is not an enumerated power.

It is our position that absent an enumerated power in the Constitution to restrict Habeas – the 10th Amendment stipulates that the Federal Government cannot do it. Period.

We hope that Mr. Specter will continue to oppose such tactics.  We also hope that he will improve his standing as a Constitutionalist by demanding strict limits on the federal government – in regards to many other federal programs -  as mandated by the 10th Amendment.

“Since March the 9th, 1933, the United States has been in a state of declared national emergency. [...] This vast range of powers, taken together, confer enough authority to rule the country without reference to normal constitutional processes. Under the powers delegated by these statutes, the President may: seize property; organize and control the means of production; seize commodities; assign military forces abroad; institute martial law; seize and control all transportation and communication; regulate the operation of private enterprise; restrict travel; and, in a plethora of particular ways, control the lives of all American citizens. [...] A majority of people of the United States have spent all their lives under emergency rule. [...] For 40 years, freedoms and governmental procedures guaranteed by the Constitution have, in varying degrees, been abridged by laws brought into force by states of national emergency.”

Dr. Gene Schroder wrote a book, War and Emergency Powers google it and read how licensing and control over everthing went to D.C. and still is today.