The Mudcat Café TM
Thread #121373   Message #2651215
Posted By: Azizi
08-Jun-09 - 08:15 AM
Thread Name: BS: What is The American Way of Life?
Subject: RE: BS: What is The American Way of Life?
Kendall, I'm not sure if your statement that "Habeus Corpus is often suspended during war" is accurate.

See these two articles:

Olbermann: The Day Habeas Corpus Died
By SilentPatriot Monday Oct 16, 2006 11:14pm

"Today, 135 years to the day after the last American President (Ulysses S. Grant) suspended habeas corpus, President Bush signed into law the Military Commissions Act of 2006. At its worst, the legislation allows President Bush or Donald Rumsfeld to declare anyone -- US citizen or not -- an enemy combatant, lock them up and throw away the key without a chance to prove their innocence in a court of law. In other words, every thing the Founding Fathers fought the British empire to free themselves of was reversed and nullified with the stroke of a pen, all under the guise of the War on Terror...

Jonathan Turley joined Keith to talk about the law that Senator Feingold said would be seen as "a stain on our nation's history."

Turley: "People have no idea how significant this is. Really a time of shame this is for the American system.---The strange thing is that we have become sort of constitutional couch potatoes. The Congress just gave the President despotic powers and you could hear the yawn across the country as people turned to Dancing With the Stars. It's otherworldly..People clearly don't realize what a fundamental change it is about who we are as a country. What happened today changed us. And I'm not too sure we're gonna change back anytime soon."

-snip-

Supreme Court rules that Guantanamo detainees have right to habeas corpus (6/12/2008)                          

"In a remarkable decision issued today, the U.S. Supreme Court ruled that Guantanamo Bay alien detainees have a right to challenge the lawfulness of their detentions in U.S. federal courts. The 5-4 decision was issued in the combined cases of Al Odah v. United States and Boumediene v. Bush.

In its decision, the Court ruled that Congress had not validly suspended habeas corpus. Under Article I, Section 9, Clause 2 of the Constitution, the writ of habeas corpus may only be suspended in times of rebellion or invasion -- neither of which have occurred.

Just as significantly, the Court also ruled that the alternative to habeas corpus that Congress set up in 2005 under the Detainee Treatment Act, which only permits detainees to challenge the lawfulness of their detentions under very restrictive and limited terms, is an inadequate and ineffective alternative to habeas. The DTA, according to the Court, did not provide sufficient legal protections to detainees who sought to challenge their detentions under the DTA scheme."
http://www.humanrightsusa.org/index.php?option=com_content&task=view&id=99&Itemid=38

[italics mine for emphasis]