Wednesday, October 4

Habeas Corpus

At Article I, Section 9, paragraph 2, the Constitution of the United States of America states:

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.
Now, the Civil War was a "Rebellion," and Lincoln did suspend the writ. I am not a lawyer nor am I a great historian. Given that there is now neither Rebellion nor is there Invasion facing our country, how is what Congress enacted last week legal?

1 comment:

sweissman said...

It isn't legal, it is unconstitional. The Bush administration has 'undone' democratic progress that goes back to 1215. Back then the struggle against absolute monarchy led to rebels demanding the right to a day in court with charges out in the open. Hmm. Too dangerous in 2006???

Suzi W