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

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  •  History shouldn't matter. (0+ / 0-)

    Historically, we interred Japanese Americans during WWII. But it's a violation of the Constitution and the America idea.

    Anyhow, these alleged "strict constructionists" and people who claim to be guided by "original intent" can't point to history.

    They have to point to either the actual text of the Constitution...or explain to us how the original intent of the founders was to allow suspension of habeas corpus despite the text.

    Either way, they have no case. But they'll finesse it anyway, and illegally increase the president's ability to violate our (rapidly disappearing) unalienable rights.

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

    by Rayk on Tue Dec 04, 2007 at 02:56:36 PM PST

    [ Parent ]

    •  I agree, but I think you misunderstood me. (0+ / 0-)

      I don't think they are strict constructionists. I think they have a very ominous agenda and would be willing to shred the constitution if they could get away with it. As it is they are slowly dismantling it.

      They have to point to either the actual text of the Constitution...or explain to us how the original intent of the founders was to allow suspension of habeas corpus despite the text.

      The original intent of the founders was to suspend Habeas Corpus when dictated by the public safety.

      Article 1 Section 9 clause 2 is all the actual text they need. They can look at the precedents set by history and form their argument around their decision.  Supposedly, the swing vote is Kennedy. Given his recent history I have a sinking feeling he wont come down on our side. I would like to think they don't have a case, but I'm not putting anything past these guys anymore.

      What we should be more worried about is the possibility of Posse Comitatus becoming moot and the  military forming Law Enforcement Detachments that operate under Homeland Security. The Coast Guard already operates that way. It is a short step to that same duty being extended to another branch of the Navy, say the Marines.

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