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, unless when in Cases of Rebellion or Invasion the public Safety may require it.
This, in conjunction with the 10th amendmentâ€™s mandate of limited government demonstrates that any suspension of Habeas Corpus outside the above provision is done so in violation of the Constitution. For clarification, hereâ€™s the text of the Tenth:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Typical of those who wrote in opposition was this comment posted by someone under the name of â€œL. Savageâ€
you seem to forget that we are at war, we are not the ones that have chosen to hide among the civilian population and wage unchecked atrocities. you seem so concerned about the rights of terrorist who are trying to destroy the very democracy that you are trying to use to protect them and in the process you have decided that their rights as terrorist, not citizens of this country, is more important than bringing to justice those that helped topple the twin towers in n.y..
where is the cry of outrage from you for all the murdering and butchery that these people have committed, or is it not politicly aligned with your agenda to bad mouth the present administration no matter what they do? god help us all if you had been around during the second world war weâ€™d all be speaking german or japanese now!
Hereâ€™s a textbook example of how the enemies of freedom try to whip us into supporting an expansion of power and the elimination of rights. Itâ€™s obviously not well-founded, but still worth a quick look.
1. you seem to forget that we are at war
How that can be forgotten by anyone is absurd! But, as made quite clear above, the Constitution doesnâ€™t make any additional exceptions for being â€œat war.â€ The only times the federal government is allowed to suspended habeas corpus is in cases of Rebellion or Invasion â€“ with the additional caveat that the â€œpublic safety may require it.â€
2. we are not the ones that have chosen to hide among the civilian population and wage unchecked atrocities
If anyone made the claim that you. did these things, you would need the right to defend yourself and maintain your innocence.
3. you seem so concerned about the rights of terrorist who are trying to destroy the very democracy that you are trying to use to protect them
The concern is for the liberty of all. It must be stressed, until due process has been served, we do not know that these detainees have done anything you or anyone else has accused them of doing.
4. and in the process you have decided that their rights as terrorist, not citizens of this country, is more important than bringing to justice those that helped topple the twin towers in n.y.
All people have the same rights – as people. Again, youâ€™ve convicted them of being a â€œterroristâ€ and of â€œtoppling the twin towers.â€ If theyâ€™re guilty, itâ€™ll be easy to convict them of these crimes.
Itâ€™s more likely that the government canâ€™t prove their guilt, and thatâ€™s why they refuse to bring trial, or even charges for that matter.
5. where is the cry of outrage from you for all the murdering and butchery that these people have committed
There is a cry to catch, try, and prosecute these criminals. But the politicians running this government have no interest in this whatsoever. They just want to wage war in Iraq, kill civilians in Afghanistan, and where does that get us? Nowhere â€“ A majority of those responsible for the horrible September