What do you think about Habeus Corpus being suspended?

Question

Why in the world is this not getting more attention? Our gov't can now arrest U.S citizens without a warrant and throw them in prison and not be allowed a trial. Our Constitution is hanging by a thread and something needs to be done about this.

Cherdon, you need to read the whole act and listen to what law experts are saying about this.

pigpen, please read the act.

Answer 1

The plain facts are these:

1) The Supreme Court has declared on several occasions that the Constitution applies to non-citizens.

2) The Constitution says that habeas corpus cannot be suspended, except in time of rebellion or invasion.

3) The Military Commissions Act suspends habeas corpus for a portion of the people to whom the Constitution applies.

4) The Military Commissions Act is unConstitutional, and therefore an assault on Americans.

Answer 2

It has potential to hurt many innocents. The future will tell.
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. Whatever you people do and say be carefull. US citizen or not — you could be declared an enemy combatant, lock you up and throw away the key without a chance to prove your 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. Does Stalin ring a bell? How about Gestapo.

Answer 3

That simply is not the truth. Only non citizens have lost the right to habeas corpus.

I have read the act:

SEC. 7. HABEAS CORPUS MATTERS.

(a) In General- Section 2241 of title 28, United States Code, is amended by striking both the subsection (e) added by section 1005(e)(1) of Public Law 109-148 (119 Stat. 2742) and the subsection (e) added by added by section 1405(e)(1) of Public Law 109-163 (119 Stat. 3477) and inserting the following new subsection (e):

`(e)(1) No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.

`(2) Except as provided in paragraphs (2) and (3) of section 1005(e) of the Detainee Treatment Act of 2005 (10 U.S.C. 801 note), no court, justice, or judge shall have jurisdiction to hear or consider any other action against the United States or its agents relating to any aspect of the detention, transfer, treatment, trial, or conditions of confinement of an alien who is or was detained by the United States and has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.'.

(b) Effective Date- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply to all cases, without exception, pending on or after the date of the enactment of this Act which relate to any aspect of the detention, transfer, treatment, trial, or conditions of detention of an alien detained by the United States since September 11, 2001.

Answer 4

I don't care how may appointments to the Supreme Court Chimpy has made--this law will not stand--Our Constitution will prevail before anyone goes to trial regarding this feeble attempt to take away our rights and give the torturers a get out of jail free card!! Have some faith in what's left of our Judicial Branch and try to ignore the idiots that don't understand the broad definition of what an enemy combatant is!!

Answer 5

I hate it, our Constitution is gone, Thanks Bush!

It doesn't get more publicity, because most of the media leans to the right.
It amazes me that Republicans can't see that our rights are being thwarted one by one. Habeus Corpus, Eminent Domain, Tapping our phones without a warrant, No paper trail in elections.
These are just a few.

Answer 6

actually it hasnt been suspended yet. the new interpretation of pow's as enemy combatants has been the administrations way of sidestepping the geneva conevention and the constitution that actually gives Congress the authority to allow the president to suspend the writ.

suspending the writ has been necessary in the past. one could say it is now. but this administrations use of torture, often (and not always) uneccessary secrecy seems like a slippery slope.

Answer 7

IDIOTS!

I don't like the habeus corpus decision either, but at least I can read the details far enough to determine that this ONLY APPLIES TO FOREIGN WARTIME DETAINEES. It does not apply to US citizens.

Sheesh, learn to read, OK?

Answer 8

That's it, as of yesterday the United States is no longer a democracy. When you give the president absolute power by letting him lock up any American without presenting any evidence to the people you have given up the due process of a democratic country.
Or to help our Republican friends understand, YOUR kid could be locked up and given the name "enemy combatants" and YOUR kid gets no lawyer and you as a parent will get no evidence.

Answer 9

to the critics here:
I would like to point out that it isn't foriegn people to whom the wording of this applies to. The language states that this applies to people who aren't loyal to the US. If you can interpret that to mean american citizens, then it applies to american citizens.

It is a shame that the government now has the ability to pick and choose what evidence you are allowed to defend yourself against.

Answer 10

Really? Do you still have the right a lawyer?

In this day and age the enemy doesnt wear a uniform. It could be the person sitting next to you on the train...

The only people who are trying to squash our Constitution are Islamic mullahs