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View Diary: I am a fundamentalist (278 comments)

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  •  If you ever run for President (1+ / 0-)
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    I'd vote for you.

    Although, I am sure you know that words can be tricky things.

    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 problem with this is that people seem to be able to define "public safety" in whatever way will allow them to justify what they want to do, like shoot a few college kids to death.

    And, people can define "Rebellion" any way they want in order to justify anything they want to do, like shoot a few college kids to death.  Is it "Free Speech" or "Rebellion"?  Depends on whom you ask.

    I'm pretty hard core on Habeas Corpus, too, and I think we need some serious broken laws, beyond the generic concept of a "Rebellion", and some serious evidence of threat to public safety, beyond some declaration from some official who drags out that old tired excuse whenever he wants to hide his crimes, or cover up an embarassment.   It has gotten to the point that the words "public safety" are synonymous with "I am breaking the law and (imagine a singsong voice and a wiggling fingers) "You can't catch me.  You can't catch me.   naaah naaah naaah naah"  

    Public safety cannot be maintained without transparent government, because there is no way that we can defend our democracy against conniving thieves and tyrants, unless we can demand to know what they are up to. The sunshine law is more like the foggy twilight law.

    •  does not matter how they define public safety (1+ / 0-)
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      KJC MD

      we have had one acknowledged insurrection, beginning with the secession of South Carolina.

      As far as invasion, other than the raid of Pancho Villa, I think one has to go back to the War of 1812 to find the last time any of the states was invaded.  Since many territories (which are part of the US) were by the Japanese, it becomes possible to suspend habeas by calling that an invasion, but even in the case of the acknowledged insurrection of the Civil War SCOTUS decided that we could not refer to military courts where civilian courts were open and functioning, thus it was a violation in Indiana in ex parte Milligan.


      do we still have a Republic and a Constitution if our elected officials will not stand up for them on our behalf?

      by teacherken on Wed May 05, 2010 at 09:26:08 AM PDT

      [ Parent ]

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