Tag Archives | habeas

War, Atrocities, Jurisdiction and Habeas Corpus

By on April 17, 2007 in War

In a recent article on Habeas Corpus, it was shown that the 10th Amendment prevented the federal government from suspending Habeas. Why? Because the Constitution only allows for its suspension in very limited situations. Article I, Section 9 spells this out quite clearly: The Privilege of the Writ of Habeas Corpus shall not be suspended, [...]

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Restricting Rights at Guantanamo, who will be next?

By on February 22, 2007 in Founding Principles

As usual, our liberty is under attack by the federal government. An appeals court has just upheld a ruling that prisoners held in Guantanamo Bay are not entitled to habeas corpus, and thus, cannot challenge their detention in court. So, once again, the federal government, through its court system, has overstepped the restrictions of the [...]

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