What gives Bush the right to suspend Habeas Corpus?

Question

In case you are unaware, Habeas Corpus means "a writ requiring a person to be brought before a judge or court, esp. for investigation of a restraint of the person's liberty, used as a protection against illegal imprisonment" according to Dictionary.com. It is a right that has been around since the Magna Carta in 1215. It is a foundation of American law.

We've never suspended the right of Habeas Corpus before.

What gives Bush the right to suspend it now and violate the law and precedents of the United States and the English common law off which it was based?

Obviously we're not accountable to English common law; I simply added that to point out that we have had this tradition before America was even a country.

This seems completely contrary to the nature of America and its freedoms.

JTM Fraginal -

I don't understand your logic. Perhaps you could clarify it for me.

What I'm gathering from you is that the suspension of Habeas Corpus is acceptable if your suspected of a crime. This is counter-intuitive since Habeas Corpus only applies to people suspected of a crime. Thus, it is essentially abolished. Am I missing something here?

I stand corrected on one issue - Habeas Corpus was suspended during the Civil War from 1861-1864.

However, in Ex Parte Milligan 71 U.S. 2 1866 the Supreme Court of the United States decided that the suspension of the writ did not empower the President to try and convict citizens before military tribunals.

Lincoln's reasoning was to stop riots and uprisings by local militias. While this was somewhat more plausible; it was still inexcusable (IMO).

Answer 1

I have already written to the Office of the Clerk of the US Supreme Court. Perhaps others may wish to do the same. In this letter, I have notified the Court that the Constitution has come under attack. Since only enemies launch attacks, I have declared the President and the majority in Congress, who sent the Military Commissions Act to the President for his signature, to be "enemies of the Constitution". Since all public officials are sworn to "defend the Constitution of the United States against all enemies, foreign and domestic," it is my hope that the Court will take action.

Here is an exerpt from the letter:

"Enemies of the Constitution include those who violate its provisions, those who seek to diminish its scope and reach, in the absence of an Amendment ratified by three-fourths of the States that constitute our Union.

"I understand that the Supreme Court of the United States has ruled that the terms of our Constitution are applicable not only to Citizens of the United States, but also to aliens on American soil.

"The Constitution states that “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.”

"The Military Commissions Act, which the President of the United States recently signed into law, purports to strip from certain aliens the Privilege of the Writ of Habeas Corpus in the absence of either Rebellion or Invasion. The terms of the Military Commissions Act are, therefore, in contravention of the plain language of the Constitution of the United States. The Military Commissions Act violates the provisions of the Constitution of the United States, and seeks to diminish the scope and reach of that Constitution, in the absence of a duly-ratified Amendment. Therefore, the Military Commissions Act is an attack upon the Constitution of the United States.

"Only enemies launch attacks. By signing the Military Commissions Act, the President of the United States has shown himself to be an Enemy of the Constitution of the United States. By sending that Act to the President for his signature, a majority of both Houses of the Congress of the United States have shown themselves to be Enemies of the Constitution of the United States.

"Please accept this letter as notification that the Constitution of the United States has come under attack by its Enemies, and that these Enemies are in control of two Branches of the Government of the United States."

Answer 2

It has been before as many have said.It does mainly apply to enemy combatant but yes it can pertain to U.S citizen.We all hope that that does not become necessary but in the event of a terrorist cell made up of U.S. citizens (which most likely will occur in the future) we will want to stop them before they commit the act.In that event evidence suitable for a regular court trial may not exist but we will still need a means to deal with them so they are not just put back on the street.I believe the bill passed will deal with that.Is it a dangerous power? Yes an unscrupulous government could use it to quell competition.I don't however think the citizens of this country would allow such an excess occur.

Answer 3

In case you are not familiar with the Geneva convention, the captor is nor required to give the prisoner any court proceeding regarding his imprisonment. The right of Habeas Corpus is not suspended. It is just not a right thats going to be given to these thugs that the military captured on the battlefield. I understand you left wingers being concerned because of all the trouble you have gave the Bush administration but don't worry, GW is not a vindictive man.

Answer 4

there is no right by the president (bush or any other) to suspend or eliminate habeas corpus. Unfortunitely, however there are plently of precedents. lincoln, washington, roosevelt f.d. all did it off the top of my head, im sure there are others, but i cant think who else it might be. The law does not provide for this action however and all of the aforementioned presidents, were therefore not only breaking the oath they took to "uphold and protect" but were, in fact, breaking the law themselves.

Answer 5

Lincoln suspended Habeas Corpus ON ACCOUNT OF AMERICAN SAFETY BECAUSE WE WERE IN A CIVIL WAR. See, I can type in all caps too...anyhow, the reason it was suspended was for the safety of american citizens during times of civil war. To compare that to what is happening nowadays, is ludicrous...And it is highly objectionable to those of us who belive that democracy and the constitution can hold up, even during times of duress. In fact, to suspend the constitution is to say that democracy can't work in all situations. When trying to sell an ideal such as democracy to budding democratic nations, we will encounter resistance if we can't be an example of our own freedom. SOund familiar?

Answer 6

the writ of Habeus Corpus has been an important part of American and dates back to the Magna Carta.

Habeus Corpus has been suspended a handful of times by past Presidents. One example was when FDR threw Japanese Americans into prison camps. History has shown it to be a mistake each time. This will also show this to be a fiasco.

It apparently is easy for a President to take away rights given to us. I fear that it will be much more difficult getting them back.

Answer 7

The suspension of the writ of habeas corpus is applicable only to suspected terrorists and not to all Americans since it is a violation of the constitution.

Answer 8

Liberal hysteria...

Lincoln actually suspended habeas corpus during the civil war...

What you cannot get a straight answer on is how RARE this remedy really is, compared to the number of frivolous filings...

You won't get a straight answer, either, because Republicans do not interpret the Act this way, liberals do. Republican attorneys, like myself, are unaware of any "suspension of habeas corpus." Since I practice criminal defense, don't you think I would have heard?

Conservatives won't answer the question because it answers an illegimate position, and liberals won't answer the question because it would reveal the fallacy of their position...

Answer 9

Nothing, it was done illegally. The constitution says that Habeas Corpus may only be suspended in cases of rebellion or invasion. And it wasn't suspended, it was eliminated all together.

Answer 10

The President has the right to suspend this in a time of war. Its been done before and I'm sure it will be done again.

This ISNT a "BUSH" thing. Where have you been? Its not like our government is rounding up American citizens from our homes and throwing them in a cave. What do you people expect??? Whats the liberal idea for keeping America safe? My guess is just give up and hand sovereignty over to radical Islam.