When will the House, Senate and Supreme Court re visit the MCA and the suspension of habeas corpus?

Question

The Bush Admin seems to think many fundamental rights don't exist because they are not spelled out. The 6th Amendment states"“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed … and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; [and] to have compulsory process for obtaining witnesses.” The MCA CAN be applied to Americans. The MCA states “Any person is punishable as a principal under this chapter who commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission,” according to the law, passed by the Republican-controlled Congress in September and signed by Bush on Oct. 17, 2006. - That mean ANY PERSON. This will grant Bush unchecked power over people he identifies as enemies. If you think this does not apply to American citizens - think again !

John: Interesting point - but didn't RICO only apply to organized crime? Just wondering. I see the MCA and the potential for arbitrary application with no re dress as far far more dangerous. At least under RICO one could still have 5th and 6th Amendment protection, including habeas corpus.

Answer 1

Your question is more of a political statement -- This will be revisited by the U.S. Supreme Court for many reasons. Bush has tried to redefine many things including "WAR" and of the things he has redefined it is Bush 0 vs Supreme Court 3 and I think that trend will continue. There is already sufficient cause for the world court to try Bush for war crimes. He has ordered the invasion two Sovereign States - tossed out their established government and replaced it with a new government all without any State sponsored act of war or aggression. If he had declared war on the specific terror organizations it would be a first but he would be in a better position legally.

Answer 2

The patriot act and various other new laws are no where near as dangerous or misused as the RICO act passed by a Democratic Congress and signed into law by JFK.

The RICO act allows the issuance of a general warrant, specifically forbidden in the constitution, for investigation into criminal conspiracy. A criminal conspiracy to commit a misdemeanor becomes a felony.

That means if your child conspires to skip school with another child a general warrant can be issued to search your home and any evidence of illegal activity, regardless of whether it relates to the original offense, can be used against you.

The RICO act has been around for almost fifty years and while it has been misused it has not been seriously misused.

Since the federal government has had access to RICO for fifty years and not seriously misused it I do not believe that the federal government will misuse the patriot or other similar laws. If they do this is a democracy and we can do something about it.

However, if you insist that these new laws be overturned then I believe that you also need to overturn things like the RICO act.

Answer 3

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