How important is habeas corpus?

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Blueridge Believer

Puritan Board Professor
http://www.fff.org/comment/com0610d.asp

In the recently enacted Military Commissions Act, Congress acceded to President Bush’s request to remove the power of federal courts to consider petitions for writ of habeas by foreign citizens held by U.S. officials on suspicion of having committed acts of terrorism. While it might be tempting to conclude that the writ of habeas corpus is some minor legal procedural device that the president and the Congress have now canceled, nothing could be further from the truth. The writ of habeas corpus is actually the lynchpin of a free society. Take away this great writ and all other rights — such as freedom of speech, freedom of religion, freedom of the press, gun ownership, due process, trial by jury, and protection from unreasonable searches and seizures and cruel and unusual punishments — become meaningless.

[Edited on 10-13-2006 by Blueridge reformer]

[Edited on 10-13-2006 by Blueridge reformer]
 
It is crucial to maintaining a free society. Habeas Corpus is one of the traditional "rights of Englishmen" that was adopted by the American republic.

The great irony, in my mind, was how few Americans in the last few generations knew the origans of these rights. During my 17+ years living in the states I was constantly shocked by how few people were aware that these "American rights were common to the entire Anglosphere.

This act is in every essence the same as the German "enabling acts" that shifted power in Germany from the legislature to the executive in the 30's.

When I studied history in university one of my profs had a 'game' he would play that we called the fall of Rome. He often made the point that events that we look back on as difinitive moments are unremarked on at the time. As he would remind us "when Rome 'fell' the mail was still delivered the next day, the courts still functioned, taxed were still collected, only in hindsight can we see the demarcation."

So in lectures he would often challenge us with "was this the fall of Rome moment?" This is a very usefull exercise it really challenges you to think through the implications of current acts & decisions.

So how important is the suspension of Habaes Corpus?

I think it is the "fall of Rome moment"
 
Originally posted by Kevin
It is crucial to maintaining a free society. Habeas Corpus is one of the traditional "rights of Englishmen" that was adopted by the American republic.

The great irony, in my mind, was how few Americans in the last few generations knew the origans of these rights. During my 17+ years living in the states I was constantly shocked by how few people were aware that these "American rights were common to the entire Anglosphere.

This act is in every essence the same as the German "enabling acts" that shifted power in Germany from the legislature to the executive in the 30's.

When I studied history in university one of my profs had a 'game' he would play that we called the fall of Rome. He often made the point that events that we look back on as difinitive moments are unremarked on at the time. As he would remind us "when Rome 'fell' the mail was still delivered the next day, the courts still functioned, taxed were still collected, only in hindsight can we see the demarcation."

So in lectures he would often challenge us with "was this the fall of Rome moment?" This is a very usefull exercise it really challenges you to think through the implications of current acts & decisions.

So how important is the suspension of Habaes Corpus?

I think it is the "fall of Rome moment"

I think you are right brother. The army is crossing the Rubicon.
 
Originally posted by turmeric
Are we having fascism yet??

I think we are suffering from it to a lesser degree right now.
I encourage you to watch this video:

Interesting movie by film producer Aaron Russo called "Freedom to Fascism". It chronicles the Federal reserve and the income tax as well as the coming national ID in may 2008. Worth the watch. Your thoughts.....

http://www.poodlecrap.com/Hateliars/HL_Video1.asp?Part=0
 
Hey Turmeric,

Ever since FDR ! Although Lincoln was Hitlers favorite president, AH is reported to have said upon reading the 'New Deal' legislation that "now that America has adopted Fascism war (with America) is impossible."
 
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