Section 9 - Limits on Congress

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"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."

*Habeas Corpus
habeas corpus n. Law A writ issued to bring a party before a court to prevent unlawful restraint. [

The basic premise behind habeas corpus is that you cannot be held against your will without just cause. To put it another way, you cannot be jailed if there are no charges against you. If you are being held, and you demand it, the courts must issue a writ or habeas corpus, which forces those holding you to answer as to why. If there is no good or compelling reason, the court must set you free. It is important to note that of all the civil liberties we take for granted today as a part of the Bill of Rights, the importance of habeas corpus is illustrated by the fact that it was the sole liberty thought important enough to be included in the original text of the Constitution.

As of yesterday, the terrorists won. And they did it with the assistance of the Republicans who pushed to allow torture and unrestricted detention and the Democrats who have cravenly allowed it to happen. We officially live in a police state now. All our rights mean nothing now that anyone can be held indefinately without cause or recourse. Even though the law passed yesterday may be found unconstitutional (you did read that excerpt from section nine of said document above that explicitly says so, right? Did I miss a rebellion or invasion somewhere?) the very fact that our elected officals would even attempt to blithely and permanently throw away the only right written into the actual Constitution itself shows that our nation's core has rotted away.

Go back to watching TV and consuming. Nothing to see here.

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I am totally stealing this and re-posting it. What an astounding turn of events in this...the land of the free.
(Free only if you are rich, white and in charge I guess.)

It's truly terrifying isn't it? People seem to think that this will protect them from terrorism, but it's simply a way for our government to terrorize it's own people; at least those who don't agree with those in power.

We are a nation of thugs. I figured this out way back when we invaded Iraq and did our little Shock and Awe thing to...umm...what was it again? Oh yeah, to *terrorize* the Iraqi civilians and military into just giving up. I noticed at that point that we were dropping thousand pound bombs into civilian market places, and pretending that was more civilized than suicide bombing. Now that same attitude says that it's okay if we disappear and torture people because we are "the good guys"; blind to the that fact that the good guys don't do shit like that.

I have always thought that our democracy was strong enough to survive the Bush administration. Only now have I realized that it's not just the administration - it's an entire system that has completely lost touch with what this country was founded on. I'm not sure that's survivable.

On a more bright and cheery note today Republican Congressman Mark Foley, who was head of the Missing and Exploited Children's task force and a huge promoter of laws to punish online child predators resigned after it was revealed that he was, of course, sending sexually explicit emails and IMs to underage boys. C'mon people...this stuff is not hard to figure out.

There's also this little bit of unamericanism:

(a) In General- No person may invoke the Geneva Conventions, or any protocols thereto, in any habeas or civil action or proceeding to which the United States, or a current or former officer, employee, member of the Armed Forces, or other agent of the United States, is a party, as a source of rights in any court of the United States or its States or territories.

which doesn't really jive with this:

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; *AND ALL TREATIES MADE, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

Boy I'm really glad that the Supreme Court is packed with strict-constructionalist conservatives. It shouldn't take long for them to overturn this crap.

I have a complete list of those senators who "deserve neither liberty nor security" here:

and more excerpts of the legislation as translated from the original German.

> It's an entire system that has completely lost
> touch with what this country was founded on. I'm
> not sure that's survivable.

Yep. There's no question that the very principles upon which this country has been founded(the rule of law, checks and balances, equality, presumption of innocence) have been abandoned in favor of a more Imperial Roman system based on power, wealth, and aristocracy.

I'm thinking of writing a new constitution that reflects the true state of the country and starting a mock think tank: The Project For A New American Aristocracy. It would be a lot more fun than my current effort, The Center for the Study of the Completely Obvious (

> the very fact that our elected officals would
>even attempt to blithely and permanently throw
>away the only right written into the actual
>Constitution itself shows that our nation's
>core has rotted away.

>huge promoter of laws to punish online child
>predators resigned after it was revealed that
>he was, of course, sending sexually explicit
>emails and IMs to underage boys

American History has officially entered it's Calligulaic period.

I predict that within the next two months Bush will nominate his SUV as a Senator, and that it will be unanimously confirmed.

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This page contains a single entry by edgore published on September 29, 2006 10:11 AM.

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