A recent diary by neoperiapt has called into question what I would call a consensus here at DKos that Alberto Gonzales, the current Attorney General of the United States, made an outrageous attack on our fundamental right to Habeas Corpus when he stated in testimony before the Senate Judiciary Committee, under oath, that Habeas was not a universal right of all Americans under our Constitution.
I will show below that our consensus is right, and Gonzales did make such an outrageous attack, and that he should continue to be called on it.
***NOTE to neoperiapt and his supporters: This is not a "call-out" diary, and the following is offered in the interest of fully-informed debate here in the community.
Jeremy Bentham was a British jurist, philosopher and social reformer. In particular, he is known for his treatises on evidence, moral philosophy and his great efforts to apply his theories to the real world. He championed a form of utilitarianism, and this belief affected his perspective. For instance, he was one of the first advocates for animal rights, because he believed that reducing suffering in the world was a moral imperative.
But onto matters at hand.
Bentham was part of a discussion with those who proceeded him about Rights as compared to Privileges.
This is a distinction best theorised and explained by Wesley Newcomb Hohfeld, who developed an entire system that incorporated the distinction between rights, privileges and powers.
The best description I can find of this distinction online is here at the Stanford "Plato" website.
In a nutshell, a Privilege at the time of the Founding Fathers was also known as a "liberty", and the words were often used interchangeably. The only thing that can trump a Privilege that someone possesses, and in this case, if we read the clause, we see that this Privilege is bestowed to all, is with a Power. In this case, the Founders did grant the state such a Power, to suspend Habeas Corpus, but only in the event of insurrection/rebellion.
Thus, we see that by using the word Privilege, the Founders bestowed this right to all, and only gave one instance in which it is to be suspended.
I think our Attorney General should understand this, don't you?