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View Diary: Our Embattled Constitution: Habeas Corpus Supreme Court Preview--Dec. 5 (33 comments)

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  •  I bet they sidestep (0+ / 0-)

    invasion or rebellion. Maybe they'll latch on to the phrase about "public safety".

    I don't know if I was "being a little dramatic." Lincoln was clearly pissed at the Court's ruling. He asked if we are to allow all the laws but one (protection of habeas corpus) to be violated.

    As for "implied powers", that's basically a crock of sh!t. Madison saw the Constitution he was writing as limiting the powers of the government. He originally opposed a bill of rights, because his Constitution never gave the government specific power to violate individual rights.

    Meanwhile, the unalienable rights of the people are often derided as non-existent when they aren't specified in the Constitution——ignoring the 9th amendment.

    In short, government is granting itself all sorts of non-existent implied powers, while deriding the rights of the people, both ennumerated and implied.

    The text on habeas corpus:

    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.

    The 9th amendment:

    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

    This Court will allow further violation of our unalienable rights. How much further it will go, we'll just have to wait and see.

    When a government violates the unalienable rights of the people, it loses its legitimacy.

    by Rayk on Tue Dec 04, 2007 at 02:06:11 PM PST

    [ Parent ]

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