What is Habeas Corpus?
An article from the HuffingtonPost.com gives an excellent explanation of the legal concept called habeas corpus and why we should all be oncerned that it’s slowly being eroded by both Republican and Democrats under the cloak of protecting us from harm.
Under Habeas Corpus, you have the right to say, I want to be brought into the court to determine if I am the right person charged, if there’s an actual law prohibiting what I’m charged with, if the people who are holding me have the jurisdiction to do so, and I want that publicly known and I want the right to dispute all of that and the right to be tried too.
Without Habeas Corpus you can be swept up off the street and never heard from again. Period. Nobody has to know. Nobody – including yourself – has to know why. Nobody gets to determine if there is a law against what you’re charged with. You have no rights at all.
In America, the Constitution forbids taking habeas corpus away from you (except “in case of rebellion or invasion the public safety shall require it.”) It was written that way because the right of habeas corpus was a basic right even under the King of England. It was the most basic check on a king’s tyranny. It was assumed.
Attorney General Alberto Gonzales now asserts something he thinks is very tricky and clever. What if you never had such a right? Then not giving you the right of Habeas Corpus would not be taking it away…
Also, from alfred in the comments section:
| Go to Home - Most Recent PostsAnd 35 Democratics voted to suspend habeas corpus.
And then the Democratic party had the gall to ask for a political donation.
And when I told the person on the phone seeking money I was done with the Democratic party until this was cleared up, she said the money was for grass roots efforts as if there was no connection.
And when are we getting our most basic legal right back?